–O0O–
(THE FOLLOWING OCCURRED OUT OF THE PRESENCE OF THE JURY:
THE COURT: IN THE WESTERFIELD MATTER THE RECORD WILL REFLECT THE APPEARANCE OF COUNSEL AS WELL AS MR. WESTERFIELD.
YES.
MR. DUSEK: YOUR HONOR, I THINK IT WAS BASICALLY OUR REQUEST. THE VAN DAMS WOULD LIKE TO CERTAINLY BE IN HERE WATCHING THE REMAINDER OF THE AFTERNOON. AND THEY UNDERSTOOD WHY THEY HAD TO LEAVE THIS MORNING BECAUSE OF THE BOARDS REGARDING THE RECOVERY SITE. THEY WANTED TO GET BACK IN AFTER THAT WAS DONE. I GUESS THEY WERE DENIED. BUT THEY WOULD CERTAINLY LIKE TO BE HERE THROUGH THE REMAINDER OF THE
TESTIMONY.
THE COURT: MR. FELDMAN.
MR. FELDMAN: YOUR HONOR, I THINK WE’VE MADE OUR OBJECTION. I THINK OUR RECORD IS PLAIN. AND FOR — TO THE EXTENT I FAILED TO DO SO, I WOULD LIKE TO INCORPORATE ALL FEDERAL OBJECTIONS INTO THE OBJECTION, BUT I’LL SUBMIT IT.
THE COURT: NO. I DON’T SEE A PROBLEM.
WHAT CAUSES ME A LITTLE BIT OF CONCERN, MR. DUSEK, AND SINCE THEY ARE IN THE COURTROOM I’M GOING TO LET THEM KNOW. I OBSERVED YOU GO TO THEM, LET THEM KNOW WHAT BOARD MR. FELDMAN WAS GOING TO USE, AND I OBSERVED THEM BASICALLY SAY SOMETHING TO YOU THAT CAUSED YOU TO COME BACK INSIDE THE RAIL AND THEY REMAINED IN THE COURTROOM. I DIDN’T KNOW WHAT DECISIONS THEY MADE, BUT AS A PARENT, I CAN’T IMAGINE SITTING THROUGH THAT.
I DON’T WANT ANY PROBLEMS, AND I HAVEN’T SEEN ANY PROBLEMS. AND, MR. AND MRS. VAN DAM, YOU SHOULDN’T THINK YOU HAVE CAUSED ANY BECAUSE IN MY HUMBLE OPINION YOU HAVEN’T. THE MEDIA PICKED UP ON SOMETHING THAT I OBVIOUSLY NEVER SAW. BUT THEY ARE WELCOME TO REMAIN. BUT IF THEY ARE NOT GOING TO EXERCISE JUDGMENT AS TO SOME OF THE BOARDS, I’LL EXERCISE IT FOR THEM, BECAUSE I JUST DON’T WANT ANY PROBLEMS. SO THEY ARE WELCOME TO REMAIN.
MR. FELDMAN: YOUR HONOR, I COMMUNICATED AHEAD OF TIME, I GAVE BOTH —
THE COURT: MR. FELDMAN, I KNOW YOU DID. I KNOW YOU DID. I OBSERVED THAT.
MR. FELDMAN: YOUR HONOR, I’M SORRY. JUST QUICKLY.
THE COURT: ALL RIGHT.
MR. FELDMAN: THIS AFTERNOON COMING INTO THE COURTROOM AND EVERY SINGLE DAY, YOUR HONOR, WHEN THE MARSHALS MOVE — I’M SORRY — WHEN THE SHERIFF’S DEPARTMENT MOVES MR. WESTERFIELD FROM THE COURTROOM TO THE HOLDING FACILITY, WHICH IS DOWN BY OLD NINE, THE HALLWAYS ARE SHUT DOWN LITERALLY. THERE IS NO TRAFFIC OF ANY KIND. THERE WERE JURORS TODAY THAT I SAW ON BOTH SIDES OF THE — WHATEVER THE HALLWAY IS.
I WILL REQUEST THAT YOUR HONOR SAY SOMETHING TO THE JURY ALONG THE LINES OF IT’S APPARENT MR. WESTERFIELD IS IN CUSTODY. THEY CAN’T DRAW ANY ADVERSE INFERENCES FROM THAT FACT. LAW ENFORCEMENT IS DOING WHAT IT APPROPRIATELY DOES IN ALL CASES, AND THE JURY IS TO DRAW NO ADVERSE INFERENCE FROM THAT. THAT WAS ONE CERTAIN CONCERN WE HAD, AND I WANTED TO RAISE THAT.
THE COURT: OKAY. I THINK WAY BACK IN IN LIMINE MOTIONS I ASKED THE DEFENSE WHETHER THEY WANTED ME TO BROACH THAT SUBJECT WITH THE JURY, AND THE DEFENSE BASICALLY DIDN’T WANT ME DISCUSSING THAT. BUT, AT ANY RATE, I HAVE NO PROBLEM DOING THAT. AS A MATTER OF FACT, YOU KNOW, I THINK THE POINT’S WELL TAKEN.
MR. FELDMAN: THANK YOU.
THE COURT; ALL RIGHT.
(END OF PROCEEDINGS OUT OF THE PRESENCE OF THE JURY.)
THE COURT: OKAY. WELCOME BACK, LADIES AND GENTLEMEN.
ALL RIGHT. MR. FELDMAN.
MR. FELDMAN: THANK YOU.

KAREN LEALCALA, RESUMED

CROSS-EXAMINATION, CONTINUED
BY MR. FELDMAN:Q: DIRECTING YOUR ATTENTION, MA’AM, TO — IT’S UPSIDE DOWN. I’M SORRY.
DIRECTING YOUR ATTENTION TO 46, AND MORE SPECIFICALLY DIRECTING YOUR ATTENTION TO PHOTOS G AND H. DID YOU HAVE ANY RESPONSIBILITY FOR THE PROCESSING OR TAKING EVIDENCE FROM ANY OF THE ITEMS DEPICTED IN G OR H?A: I MAY HAVE COLLECTED SOMETHING FROM THERE, YES.Q: OKAY.
WHEN YOU USE THE WORD COLLECTED, COULD YOU PLEASE TELL US WHAT DO YOU MEAN TO COMMUNICATE?A: WELL, EITHER PACKAGED THEM UP TO TRANSPORT THEM BACK TO THE LABORATORY OR JUST PHOTOGRAPH THOSE ITEMS.Q: WE’VE HEARD IN COURT THE TERM STICKY LIFT. DID YOU USE STICKY LIFTS AT ANY TIME DURING YOUR PROCESSING OF ANY OF THE EVIDENCE IN THE CASE, MA’AM?A: YES.Q: WHAT IS A STICKY LIFT?A: STICKY LIFTS OR TAPE LIFTS ARE — WHAT WE USE IN SAN DIEGO POLICE DEPARTMENT ARE LITTLE PLASTIC THAT HAVE ADHESIVE ON ONE SIDE. WHEN YOU EXPOSE THE ADHESIVE, THEN YOU CAN JUST BASICALLY TOUCH AN ITEM THAT YOU WANT TO LIFT TRACE EVIDENCE FROM.Q: SPECIFICALLY DIRECTING YOUR ATTENTION TO H AND G, DID YOU STICKY LIFT, FOR INSTANCE, ANY OF THE SHOES?A: NO, I DID NOT.Q: EARLIER ON DIRECT EXAMINATION I BELIEVE YOU TESTIFIED THAT PART OF YOUR DUTIES WERE TO INSPECT PORTIONS OF THE MOTOR HOME. IS THAT CORRECT, MA’AM?A: YES.Q: DIRECTING YOUR ATTENTION TO 49, THIS IS THE MOTOR HOME, RIGHT?A: YES.Q: MORE SPECIFICALLY DIRECTING YOUR ATTENTION TO BOTH B AND C, B AND C DEPICT COMPARTMENTS, DO THEY NOT?A: YES.Q: DID YOU PROCESS OR EVALUATE THE CONTENTS OF ANY OF THE COMPARTMENTS THAT ARE DEPICTED IN B OR C OF 49?A: YES.Q: SPECIFICALLY DIRECTING YOUR ATTENTION TO 108-A, DO YOU SEE WHAT I THINK YOU DESCRIBED AS A SHOVEL? IS THAT RIGHT?A: YES.Q: WITH REGARD TO THE SHOVEL, DID YOU PROCESS IT?A: WHAT DO YOU MEAN BY PROCESS? I DID INVENTORY IT.Q: ALL RIGHT.
DID YOU IMPOUND IT?A: YES, I DID.Q: DID YOU LOOK TO SEE WHETHER OR NOT IT HAD ANY SOIL OR SAND OR ANYTHING ADHERING TO IT?A: YES. I DID A VISUAL OBSERVATION OF IT.Q: SIMILARLY, WITH REGARD TO THE MOTOR HOME, I THINK OFFICER TOMSOVIC TOLD US THAT IN SOME LOCATION IN THE MOTOR HOME THERE WERE LEAVES OR SOIL OF SOME KIND. DO YOU RECALL? DO YOU RECALL SEEING ANY SUCH ON THE MOTOR HOME?A: ON THE EXTERIOR, YES.Q: CAN YOU TELL ME IN ANY OF THE PICTURES THAT ARE DEPICTED IN 49 WHERE THE LEAVES OR MATTERS WERE?A: I REMEMBER SOME LEAVES OR WHAT WE CALL VEGETATION BEING NEAR THE REAR TAILLIGHT ON THE PASSENGER SIDE.Q: OKAY.
IN E DO WE SEE THE REAR TAILLIGHT?A: YES.Q: CAN YOU PLEASE PUT A CIRCLE, TAKE ANY PEN YOU WISH THAT YOU’RE COMFORTABLE WITH, AND PLEASE CIRCLE THE AREA WHERE YOU THINK YOU SAW VEGETATION OR YOU RECOLLECT SEEING VEGETATION. PLEASE.A: YES. BUT I’M NOT GOING TO REMEMBER EXACTLY WHICH TAILLIGHT IT WAS. I JUST KNOW IT WAS ON ONE OF THE THREE THAT ARE SHOWING ON THIS PHOTOGRAPH.Q: AND WHEREVER YOU’RE COMFORTABLE, JUST DRAW A CIRCLE AROUND IT, PLEASE.A: (THE WITNESS COMPLIED.)Q: AND COULD YOU WRITE YOUR INITIALS, PLEASE.A: (THE WITNESS COMPLIED.)
MR. FELDMAN: YOUR HONOR, FOR THE RECORD, THE WITNESS HAS DRAWN AN OVAL CIRCLE AROUND THE THREE TAILLIGHTS THAT APPEAR ON THE RIGHT SIDE OF PHOTOGRAPH E IN 49 AND DRAWN K. L.
BY MR. FELDMAN:Q: MISS LEALCALA, WITH REGARD TO THE VEGETATION THAT YOU COLLECTED THAT’S DEPICTED IN 49, DID YOU LOOK FOR SIMILAR VEGETATION ON ANY OF THE AREAS THAT YOU SEARCHED IN 108?A: DID I SPECIFICALLY LOOK FOR VEGETATION; IS THAT WHAT YOU ARE ASKING ME?Q: YES.A: I WAS LOOKING FOR ANYTHING THAT MIGHT BE IN THOSE COMPARTMENTS.Q: OKAY.
AND WITHOUT MY PUTTING ANYTHING ON THE BOARD, AT THE CRIME — AT THE RECOVERY SCENE, YOU NOTED THAT THERE WAS PARTICULAR VEGETATION, IS THAT RIGHT, AT THE RECOVERY SCENE?A: THAT I SAW VEGETATION THERE?Q: YES.A: YES.Q: AND YOU COLLECTED SOME VEGETATION, IS THAT RIGHT?A: I THINK DORIE SAVAGE DID.Q: LAW ENFORCEMENT COLLECTED VEGETATION APPARENTLY FOR THE PURPOSE OF COMPARING ANY VEGETATION AT THE RECOVERY SCENE AGAINST POTENTIALLY ANYTHING DEPICTED IN 49-E, IS THAT RIGHT?A: I DO REMEMBER COLLECTING GRASS AT THE RECOVERY SCENE, YES.Q: DO YOU REMEMBER COLLECTING GRASS AT THE MOTOR HOME?A: YOU MEAN FROM INSIDE THE MOTOR HOME OR —Q: NO. I MEAN FROM 49-E, MA’AM.A: YES. THERE WAS VEGETATION ON THAT.Q: DID YOU COMPARE OR ASK ANYONE TO COMPARE ANY VEGETATION THAT MAY HAVE BEEN LOCATED AT THE RECOVERY SCENE AGAINST ANY OF THE VEGETATION FOR WANT OF A BETTER WORD THAT APPEARS IN 49-E?A: I BELIEVE SO. I NEED TO LOOK AT MY REPORT TO VERIFY THAT.Q: PLEASE.A: MY REPORT SHOWS THAT I DID COLLECT VEGETATION FROM THE PASSENGER SIDE OF THE MOTOR HOME, AND IT SPECIFICALLY SAYS FROM THE REAR BUMPER ON THE PASSENGER SIDE AS OPPOSED TO THE TAILLIGHTS. I REMEMBER TAKING SOME VEGETATION TO A BOTANIST TO HAVE HIM COMPARE THAT I BELIEVE TO SOME GRASS THAT WAS COLLECTED AT THE RECOVERY SITE.Q: WHO WAS THE BOTANIST?A: HIS NAME WAS JOHN REBMAN.Q: SO NOW DOES THAT MEAN — I’M SORRY. IS WHAT YOU JUST TOLD ME, DOES THAT MEAN WE’VE GOT THE CIRCLE IN THE WRONG SPOT ON 49-E OR WAS THAT IN ADDITION TO THE AREA YOU CIRCLED ON 49-E?A: IT MAY HAVE BEEN LOWER THAN WHERE I’VE CIRCLED BECAUSE MY REPORT SHOWS FROM THE REAR BUMPER. I WOULD HAVE HAD — I WOULD HAVE TAKEN CLOSEUP PHOTOS OF THAT VEGETATION WHICH WOULD REALLY SPECIFICALLY SHOW EXACTLY WHERE IT WAS COLLECTED FROM.Q: AND WITH REGARD TO 46, DID YOU STICKY LIFT THE SHOES TO SEE WHETHER OR NOT IT HAD ANY VEGETATION?A: I DID NOT STICKY LIFT THE SHOES, NO.Q: I THINK MR. CLARKE HAD MARKED AS EXHIBIT 106 WHAT APPEARED TO BE LATENT FINGERPRINT CARDS. DO YOU STILL HAVE THOSE UP THERE OR MAYBE THEY’RE DOWN HERE?A: I DON’T HAVE THEM.Q: OR 109.
DIRECTING YOUR ATTENTION, MA’AM, TO WHAT’S BEEN PREVIOUSLY MARKED 109. I’M SHOWING YOU WHAT’S BEEN PREVIOUSLY MARKED 109. THIS APPEARS TO BE THE ENVELOPE WITHIN WHICH LATENT FINGERPRINT LIFTS WERE TAKEN. IS THAT CORRECT?A: YES.Q: AND THIS IS THE AREA WHERE YOU REMOVED LATENT LIFTS FROM THE MOTOR HOME, IS THAT CORRECT?A: YES.Q: HOWEVER, ON THE FLIP SIDE, WHAT — I’M TURNING IT OVER. ON THE SIDE WHERE IT GIVES THE EXHIBIT NUMBER, THERE’S THREE NAMES. I’M NOT GOING TO ASK YOU TO READ THE NAMES, BUT THAT’S CORRECT, ISN’T IT?A: THAT THERE ARE THREE NAMES THERE, YES.Q: ONE IS DANIELLE VAN DAM, IS THAT CORRECT?A: YES.Q: BUT THERE ARE TWO OTHERS, CORRECT?A: YES.Q: ONE IS DANIELLE L., IS THAT CORRECT?A: YES.Q: AND ANOTHER IS JENNIFER L., IS THAT CORRECT?A: YES.Q: DOES THAT MEAN THAT — WELL, LET ME WITHDRAW THAT.
IT INDICATES THAT THERE WAS AN EXAMINER WHOSE NAME WAS J. GRAHAM. IS THAT CORRECT?A: YES.Q: HE’S THE LATENT FINGERPRINT EXAMINER FOR THE POLICE DEPARTMENT, ISN’T HE?A: HE’S ONE OF THEM.Q: JEFF GRAHAM?A: YES.Q: AND THEN WE SEE ON THIS LATENT ENVELOPE WHAT APPEARS TO BE WORDS THAT SAY CHAIN OF CUSTODY AND A NUMBER OF DIFFERENT SIGNATURES. IS THAT RIGHT?A: YES.Q: CAN YOU PLEASE TELL ME WHAT IS — WHY IS THIS, THE WORDS CHAIN OF CUSTODY AND SIGNATURE LINES APPEAR ON THIS PARTICULAR ENVELOPE.
MR. CLARKE: OBJECTION. BEYOND THE SCOPE. AT THIS POINT NO FOUNDATION.
THE COURT: OVERRULED. SHE CAN ANSWER.
YOU MAY ANSWER, MA’AM.
THE WITNESS: THE CHAIN OF CUSTODY ON THIS ENVELOPE IS USED BY THE LATENT PRINT UNIT. I’M NOT FAMILIAR WITH HOW THEY WORK THEIR CHAINS OF CUSTODY BECAUSE I DON’T DEAL WITH THIS PARTICULAR SECTION ON THIS ENVELOPE. BUT CHAIN OF CUSTODY SHOWS WHO RETAINS THE CUSTODY OF A PARTICULAR ITEM.
MR. FELDMAN: ALL RIGHT.
BY MR. FELDMAN:Q: BUT IT DOES INDICATE THAT ON OR ABOUT FEBRUARY THE 12TH RECEIVED IN THE LATENT PRINT UNIT WERE SIX LATENT PRINT CARDS BY OFFICER LEALCALA, IS THAT RIGHT?A: CORRECT.Q: THAT WOULD BE YOU.A: YES.Q: AND I THINK YOU TOLD MR. CLARKE ON DIRECT EXAMINATION INSIDE THE MOTOR HOME THERE WERE SIX LIFTS YOU WERE ABLE TO, I DON’T KNOW, RAISE. IS THAT THE RIGHT WORD?A: YES.Q: I’M SORRY. I ASKED YOU TWO QUESTIONS. WHETHER LIFTS WAS THE RIGHT WORD, AND I THINK YOU TOLD ME YES, THAT’S THE RIGHT WORD. BUT YOU RAISED, YOU WERE ABLE TO OBTAIN SIX APPARENTLY USABLE LATENT PRINTS IN THE MOTOR HOME. IS THAT RIGHT?A: I WOULD SAY I COLLECTED SIX LATENT PRINTS, YES.
(DISCUSSION OFF THE RECORD BETWEEN MR. FELDMAN
AND MR. BOYCE.)
MR. FELDMAN: THANK YOU VERY MUCH.
I HAVE NO FURTHER QUESTIONS.
THE COURT: ANYTHING FURTHER, MR. CLARKE?
MR. CLARKE: JUST BRIEFLY, YOUR HONOR.

REDIRECT EXAMINATION
BY MR. CLARKE:Q: MISS LEALCALA, WITH REGARD TO THOSE SHOES IN THE DEFENDANT’S CLOSET IN HIS MASTER BEDROOM, WITHOUT PUTTING THE PHOTO UP, DO YOU REMEMBER THEM?A: YES, I DO.Q: TO YOUR KNOWLEDGE WERE THEY EXAMINED FOR THE PRESENCE OF EVIDENCE?A: YES.Q: WHAT WAS THE DATE OF THE LAST TIME YOU WERE IN MR. WESTERFIELD’S HOUSE?A: I BELIEVE IT WAS FEBRUARY THE 13TH.Q: ALL RIGHT.
IS THERE SOME WAY YOU COULD CHECK THAT TO VERIFY THAT?A: YES. IF I LOOK AT MY REPORT.
YES, IT WAS FEBRUARY THE 13TH.Q: AND THE DATE THAT YOU WERE AT THE RECOVERY SCENE WAS WHAT DATE AGAIN?A: I BELIEVE THAT WAS FEBRUARY 27TH WAS THE FIRST DATE.Q: ALL RIGHT.
SO THE TIME PERIOD BETWEEN YOUR LAST VISIT TO MR. WESTERFIELD’S HOME AND YOUR FIRST VISIT TO THE RECOVERY SITE WAS TWO WEEKS EXACTLY BY DAYS ANYWAY.A: YES.Q: I WOULD LIKE TO ASK YOU A COUPLE OF QUESTIONS ABOUT — I’M SORRY. WAS IT THE LOWCARD EXCHANGE PRINCIPLE?A: YES.Q: AND THAT DEALT WITH TRANSFERRING SOMETHING FROM ONE PERSON OR LOCATION TO ANOTHER, IS THAT RIGHT?A: YES.Q: WITH REGARD TO THE CLOTHING IN THE DRYER, FIRST OF ALL, PERHAPS WE CAN USE THE PHOTOBOARD.
MR. CLARKE: OKAY. I KNOW WE JUST SAW IT. HERE IT IS.
BY MR. CLARKE:Q: THAT WOULD BE EXHIBIT 45, THE FIVE PHOTOS FROM THE LAUNDRY ROOM. DO YOU RECALL THAT?A: YES.Q: CLOTHING IN THE DRYER I THINK YOU DESCRIBED WAS DEPICTED IN PHOTOGRAPHS B AND E. IS THAT RIGHT?A: YES.Q: WERE THOSE CLOTHES WET OR DRY WHEN YOU FIRST WERE ABLE TO EXAMINE THEM?A: THEY WERE DRY.Q: DOES THE LOWCARD EXCHANGE PRINCIPLE APPLY TO ITEMS IN A DRYER?A: YES.Q: WHAT DOES THAT MEAN?A: THAT ITEMS CAN BE — ANYTHING THAT TOUCHES OR COMES IN CONTACT WITH ANOTHER ITEM CAN TRANSFER WHATEVER’S ON IT.Q: DO ITEMS IN A DRYER WHEN THEY ARE USED GO AROUND IN A CIRCLE AND TUMBLE TOGETHER?A: YES.Q: INCLUDING ANY HAIRS THAT MAY BE ATTACHED TO THEM?A: THEY COULD.Q: I WOULD LIKE YOU TO DESCRIBE FOR THE JURY, IF YOU WOULD, AND TELL US IF YOUR NOTES WILL HELP YOU, BUT LET’S START WITH ITEMS I THINK IT WOULD BE ITEM NUMBER 6, WHICH WAS THE MATERIAL ON TOP OF THE DRYER, CORRECT?A: YES.Q: ALL RIGHT.
IF YOU COULD, AND I’M GOING TO ASK YOU TO REFER TO YOUR NOTES BECAUSE I’M GOING TO ASK YOU A FEW DETAILED QUESTIONS ABOUT THAT. ALL RIGHT. WERE THERE ANY UNDERWEAR IN THE CLOTHING ON TOP OF THE DRYER, ITEM NUMBER 6?A: YES.Q: COULD YOU DESCRIBE THEM, PLEASE.A: THERE WAS ONE PAIR OF GRAY, THE BRAND NAME IS BIG DOGS, SIZE MEDIUM, BOXER SHORTS. THERE WERE THREE PAIRS OF B.V.D., SIZE 36, BRIEFS. AND THAT’S WHAT I REMEMBER AS FAR AS UNDERWEAR.Q: WAS THERE ANY OTHER CLOTHING?A: YES. THERE WAS OTHER CLOTHING.Q: WAS THERE ONE OR MORE TOWELS?A: YES.Q: ALL RIGHT.
NOW I WOULD LIKE TO REFER YOUR ATTENTION TO THE ACTUAL CONTENTS OF THE DRYER, ITEM 7. AND CAN YOU TELL US IF THERE WAS ANY UNDERWEAR OR BOXER SHORTS IN THAT AREA.A: YES, THERE WAS.Q: COULD YOU DESCRIBE THEM.A: THERE WAS ONE PAIR OF BLACK-AND-GRAY, FRUIT OF THE LOOM, SIZE MEDIUM, UNDERPANTS. THERE WAS ONE PAIR OF RED, YELLOW, AND WHITE, THE BRAND NAME IS M AND M’S, SIZE LARGE, BOXER SHORTS. THERE WAS ONE PAIR OF BLACK-AND-WHITE-STRIPED, SIZE X LARGE, BOXER SHORTS. AND ONE PAIR OF BLACK-AND-WHITE-STRIPED, SIZE MEDIUM, BOXER SHORTS.Q: NOW, THE LAST ONE YOU JUST MENTIONED HAS ACTUALLY BEEN MARKED, AND YOU IDENTIFIED AS EXHIBIT 105. IS THAT CORRECT?A: YES.Q: WERE THERE ANY OTHER LINEN ITEMS INSIDE THE DRYER?A: YES, THERE WERE.Q: WHAT?A: THERE WERE TOWELS, AT LEAST ONE SHIRT, THERE WERE ALSO SOCKS AND PILLOWCASES.Q: I’M SORRY. I MISSED THE LAST ANSWER. I APOLOGIZE. NOT THE WHOLE ANSWER, JUST THE LAST ITEM.A: THE LAST ITEM WERE PILLOWCASES.Q: WAS THERE ANY OTHER CLOTHING?A: LIKE I SAID, THERE WERE SOCKS, SHIRTS.Q: TELL US ABOUT THE SHIRTS, IF YOU WOULD.A: THERE WAS A LONG-SLEEVED GRAY, THE BRAND NAME IS WINDSOR SHIRT COMPANY, SIZE X L, AND THERE WAS ONE WHITE, LONG-SLEEVED HANES, SIZE X L, TEESHIRT.Q: ANY OTHER ITEMS OF CLOTHING?A: THERE WERE SOCKS.Q: ALL RIGHT.
ANY OTHER SHIRTS, PANTS, OR ANYTHING OF THAT NATURE?A: NOT CLOTHING.Q: WHAT WERE THE OTHER ITEMS WHILE WE’RE TALKING ABOUT IT?A: THERE WERE TOWELS, WASH CLOTH, PILLOWCASES, AND THERE WAS ALSO A DRYER SHEET.Q: AND A DRYER SHEET, IS THAT ONE OF THOSE BOUNCE BRAND ITEMS OR SOMETHING LIKE THAT THAT YOU DESCRIBED?A: YES. M-HM.Q: LET’S GO BACK TO — I’M SORRY — ITEM 6. I THINK I HAD YOU JUST DESCRIBE AT THE END THAT THERE WERE SOME ITEMS OTHER THAN UNDERWEAR. COULD YOU DESCRIBE THE ACTUAL ITEMS OTHER THAN UNDERWEAR THAT YOU HAVE ALREADY DESCRIBED THAT WERE ON TOP OF THE DRYER, ITEM 6.A: THERE WERE SHIRTS, A PAIR OF SWEATPANTS. THERE WERE TOWELS. THERE WERE SOCKS. AND THERE WAS ALSO A LAUNDRY BAG ON TOP OF THE DRYER.Q: SWEATPANTS. DID YOU DETAIL ANY FURTHER INFORMATION ABOUT THEM?A: THE SWEATPANTS I DESCRIBED AS ONE PAIR OF BLACK, THE BRAND NAME IS JERSEYS, SIZE X L, SWEATPANTS WITH A WHITE DRAWSTRING WAIST.Q: ANY OTHER ITEMS OF CLOTHING INSIDE — I’M SORRY — ON TOP OF THE DRYER?A: YEAH. THERE WERE A NUMBER OF SHIRTS IN THERE. AND SOCKS.Q: CAN YOU TELL US ABOUT THE SHIRTS?A: DO YOU WANT THE DESCRIPTION OF THE SHIRTS?Q: YES.A: THERE WAS A LONG-SLEEVED, GRAY, THE BRAND NAME IS PIVOT RULES, SIZE LARGE, GOLF SHIRT. THERE WAS ANOTHER ONE THAT WAS A LONG-SLEEVE NAVY BLUE PIVOT RULE, SIZE LARGE, GOLF SHIRT. THERE WAS A WHITE EDDIE BAUER, SIZE X L, TEESHIRT. THERE WAS A GRAY, SHORT-SLEEVED, ARROW, SIZE LARGE, POLO SHIRT. THERE WAS ONE WHITE TRIPLE A, SIZE X L, TEESHIRT. AND THERE WAS ANOTHER WHITE B.V.D., SIZE L, TEESHIRT.Q: WHEN YOU USE THE TERM POLO SHIRT, WHAT IS THAT THAT YOU’RE DESCRIBING?A: I USUALLY REFER TO A POLO SHIRT WHEN I’M TALKING ABOUT A SHIRT THAT HAS A COLLAR ON IT. PROBABLY HAD A BUTTON-DOWN FRONT.Q: ALL RIGHT.
THEN I WOULD LIKE YOU TO GO BACK TO THE WASHER, THAT IS, THE VARIOUS MATERIAL INSIDE THE WASHER, ITEM NUMBER 5. AND I THINK YOU HAD DESCRIBED OR AT LEAST IN ANSWER TO MY QUESTIONS DESCRIBED IT AS EITHER BEDDING OR LINEN.A: YES.Q: COULD YOU TELL US WHAT ACTUALLY WAS IN THERE.A: I DESCRIBED IT AS THERE WAS A DRYER SHEET IN THERE ALSO. THERE WAS ONE WHITE DRYER SHEET. ONE OFF-WHITE CANON BATH TOWEL. TWO OFF-WHITE WITH PINKISH STRIPES WESTPOINT STEVENS PILLOW SHAMS. TWO OFF-WHITE PILLOW SHAMS, AND TWO OFF-WHITE FIELDCREST BEDSPREADS.Q: IS THAT IT?A: WELL, I FURTHER DESCRIBED WHAT THE PILLOW SHAMS LOOKED LIKE.Q: OKAY.
WHAT WAS THAT?A: ONE OF THE OFF-WHITE PILLOW SHAMS IS THE ONE THAT WAS PARTIALLY INSIDE OUT HAS GREEN, GRASS-LIKE MATERIAL CLINGING TO THE INNER BATTING, AND HAS A YELLOWISH STAIN ALONG ONE EDGE. AND ALL THE ITEMS WERE DAMP WHEN I COLLECTED THEM.Q: WHAT DO YOU MEAN ABOUT THE GRASS REFERENCE THAT YOU MADE?A: WELL, INSIDE ONE OF THE PILLOW SHAMS THERE WAS — WHAT APPEARED TO BE I CALLED IT GREEN, GRASS-LIKE MATERIAL THAT WAS CLINGING TO THE INSIDE OF THE PILLOW SHAM.
MR. CLARKE: THANK YOU VERY MUCH.
THE COURT: ALL RIGHT.
ANYTHING FURTHER, MR. FELDMAN?

RECROSS-EXAMINATION
BY MR. FELDMAN:Q: GREEN, GRASS-LIKE MATERIAL DOESN’T MEAN GRASS, DOES IT?A: TO ME IT APPEARED TO BE GRASS.Q: DID YOU HAVE IT TESTED?A: I PERSONALLY DID NOT HAVE IT TESTED.Q: DID YOU RECOMMEND IT BE TESTED?A: I DID NOT RECOMMEND IT.Q: MR. CLARKE WAS ASKING YOU QUESTIONS ABOUT WHAT’S IN THE DRYER, WHAT’S NOT IN THE DRYER. YOU CAN TELL US WHAT YOU FOUND IN TERMS OF WHAT WAS LOCATED WHEN YOU GOT THERE. DID I MAKE THAT CLEAR TO YOU OR DO YOU WANT ME TO TRY THAT AGAIN? LET ME TRY IT AGAIN.
YOU TESTIFIED TO THE CONTENTS OF WHAT APPEARS TO BE DEPICTED IN EXHIBIT 45, IS THAT RIGHT?A: YES.Q: MR. CLARKE’S QUESTIONS RELATED TO WHAT WAS ON TOP OF THE DRYER, AND I ASKED YOU SOME QUESTIONS ABOUT WHAT WAS ON TOP OF THE DRYER. RIGHT?A: YES.Q: AND WHAT WAS INSIDE THE WASHING MACHINE AND INSIDE THE DRYER, RIGHT?A: YES.Q: AND YOU COULD TELL US WHAT YOU FOUND WAS THERE AT THE TIME YOU LOOKED, CORRECT?A: YES.Q: BUT YOU CAN’T TELL US HOW IT GOT THERE, CAN YOU?A: NO.
MR. FELDMAN: NO FURTHER QUESTIONS.
THE COURT: ANYTHING FURTHER, MR. CLARKE?
MR. CLARKE: NO. THANK YOU, YOUR HONOR.
THE COURT: NOW, IS THIS WITNESS TO BE EXCUSED OR SUBJECT TO RECALL?
MR. FELDMAN: SUBJECT TO RECALL, PLEASE.
THE COURT: ALL RIGHT.
MA’AM, YOUR TIME WITH US IS DONE. PLEASE REMEMBER THE ADMONITION NOT TO DISCUSS YOUR TESTIMONY WITH ANYONE UNTIL THE MATTER IS CONCLUDED, ALTHOUGH YOU CAN CONTINUE YOUR PROFESSIONAL RESPONSIBILITIES.
PLEASE HAND THAT EXHIBIT TO MR. DUSEK ON YOUR WAY OUT.
(THE WITNESS WAS EXCUSED.)
MR. DUSEK: CALL JEFF GRAHAM.
THE COURT: ALL RIGHT.

JEFFREY BRENT GRAHAM, JR.,
CALLED AS A WITNESS BY THE PLAINTIFF, HAVING BEEN DULY SWORN, TESTIFIED AS FOLLOWS:
THE CLERK: SIR, WILL YOU PLEASE STATE YOUR NAME AND SPELL IT FOR THE RECORD.
THE WITNESS: MY NAME IS JEFFREY BRENT GRAHAM, JR. LAST NAME IS SPELLED G-R-A-H-A-M.

DIRECT EXAMINATION
BY MR. DUSEK:Q: HOW ARE YOU EMPLOYED, MR. GRAHAM?A: I’M A LATENT PRINT EXAMINER WITH THE SAN DIEGO POLICE DEPARTMENT CRIME LABORATORY.Q: WHAT IS A LATENT PRINT EXAMINER?A: I EXAMINE PRINTS THAT ARE LIFTED AT CRIME SCENES AND ATTEMPT TO MAKE AN IDENTIFICATION OF THOSE PRINTS.Q: HOW LONG HAVE YOU BEEN DOING THAT WORK?A: THREE MONTHS SHY OF SIX YEARS.Q: I WOULD LIKE TO GO INTO YOUR BACKGROUND AND EDUCATION. FIRST OFF, YOU’RE EDUCATIONAL BACKGROUND FOR THAT POSITION.A: FOR THAT POSITION I HAVE AN ASSOCIATE’S OF SCIENCE DEGREE FROM GROSSMONT COLLEGE IN EVIDENCE TECHNOLOGY.Q: HAVE YOU HAD ANY SPECIFIC TRAINING REGARDING FINGERPRINTS?A: YES. I HAVE OVER FOUR HUNDRED HOURS OF TRAINING THROUGH THE F. B. I., THE CALIFORNIA DEPARTMENT OF JUSTICE, THE CALIFORNIA CRIMINALISTICS INSTITUTE, AS WELL AS MANY CLASSES PUT ON BY OTHER EXPERTS IN THE FIELD.Q: HOW OFTEN DO YOU GET TRAINING, MR. GRAHAM?A: OH, IT VARIES. MAYBE ONCE A YEAR, MAYBE ONCE EVERY OTHER YEAR FOR MAYBE A WEEK OR SO.Q: NOW THE PRACTICAL EXPERIENCE. HOW LONG HAVE YOU BEEN COMPARING FINGERPRINTS?A: I’VE BEEN LOOKING AT PRINTS FOR OVER TEN YEARS NOW.Q: ARE YOU ABLE TO ESTIMATE HOW MANY YOU’VE LOOKED AT?A: TENS OF THOUSANDS.Q: DO YOU DO ANYTHING ELSE FOR THE POLICE DEPARTMENT BESIDES COMPARE PRINTS?A: I PREDOMINANTLY COMPARE PRINTS. OCCASIONALLY I GO BACK OUT IN THE FIELD AND DO CRIME SCENE WORK, BUT NOT SO MUCH ANY MORE.Q: I GUESS WHAT I’M LOOKING AT, YOU SAY YOU DO PRINTS. DO YOU ALSO DO BLOOD WORK OR FIBER WORK, THAT TYPE OF THING?A: NO. NO. MY EXPERTISE IS FINGERPRINTS.Q: HOW LONG HAVE YOU BEEN WITH THE POLICE DEPARTMENT?A: WITH THE POLICE DEPARTMENT TOTAL OF EIGHT YEARS NOW.Q: AND SAN DIEGO FOR HOW LONG?A: SAN DIEGO P. D., EIGHT YEARS.Q: DID YOU HAVE ANY EXPERIENCE BEFORE THAT?A: YES.Q: WHERE?A: I WORKED WITH THE SANTA MONICA POLICE DEPARTMENT FOR JUST FIVE MONTHS BEFORE I WAS OFFERED A POSITION BACK IN SAN DIEGO. PRIOR TO THAT I WAS AN INTERNE WITH THE EL CAJON POLICE DEPARTMENT FOR EIGHT MONTHS, AND PRIOR TO THAT I DID A FOURTEEN-MONTH INTERNSHIP WITH THE SAN DIEGO P. D.Q: I WOULD LIKE TO GET INTO FINGERPRINTS COMPARISONS, SIR. ARE THERE THINGS THAT YOU NEED, EQUIPMENT THAT YOU NEED, TO MAKE YOUR COMPARISON?A: IT’S REAL SIMPLE. YOU NEED A MAGNIFYING GLASS. WE ALSO USE COMPUTERS, AND WE ALSO USE MICROSCOPES. THAT’S ABOUT IT.Q: CAN YOU BASICALLY TELL US WHAT A FINGERPRINT IS.A: A FINGERPRINT, YOU KNOW, ON THE HANDS, ON YOUR HANDS AS WELL AS YOUR FEET THERE’S A SPECIAL SKIN. IT’S CALLED FRICTION RIDGE SKIN. YOU DON’T HAVE IT ANYWHERE ELSE ON YOUR BODY, OR IF YOU DO, LET ME KNOW. I DON’T WANT TO SEE IT, BUT LET ME KNOW. AND THAT SKIN’S MADE UP OF RIDGES. AND THOSE ARE ACTUALLY PORES THAT ARE FUSED TOGETHER AND GO ACROSS YOUR HANDS. AND THEY GO ACROSS YOUR HANDS IN WAYS THAT ARE UNIQUE TO YOU. BUT IT’S ALSO — THERE ARE CLASS CHARACTERISTICS WHICH ARE SIMILAR TO EVERYBODY. SO THAT’S WHAT FINGERPRINTS COME FROM IS THAT RIDGE DETAIL. AND IT’S TRANSFERRED TO A SURFACE.Q: HOW SOON IN ONE’S LIFE DOES ONE BEGIN TO DEVELOP THE FINGERPRINTS?A: BEFORE BIRTH.Q: DO THEY CHANGE AS ONE GOES THROUGH LIFE?A: THEY GET A LITTLE BIGGER. GET A LITTLE WRINKLIER AS YOU GET OLDER. AND IF YOU GET A SCAR OR A CUT THAT’S DEEP ENOUGH, IT WILL SCAR, BUT OTHER THAN THAT IT’S PERMANENT THROUGHOUT LIFE.Q: REGARDING THE SCIENCE OF FINGERPRINTS, IS THERE —
MR. FELDMAN: OBJECTION. ASSUMES FACTS NOT IN EVIDENCE. SCIENCE.
THE COURT: REPHRASE THE QUESTION.
BY MR. DUSEK:Q: REGARDING YOUR WORK IN FINGERPRINTS, ARE THERE BASIC THEORIES OR PRINCIPLES THAT ALLOW YOU TO DO YOUR WORK?A: TWO PREMISES. ONE IS THAT FINGERPRINTS ARE UNIQUE. AND THE OTHER IS THAT THEY ARE PERMANENT. SO THAT SKIN IS YOURS AND YOURS ALONE. WHEN YOU LEAVE A PRINT, IF THERE’S ENOUGH CHARACTERISTICS TO IDENTIFY, I’M GOING TO IDENTIFY THAT TO YOU AND YOU ALONE.
THE OTHER IS IT’S PERMANENT. WE JUST WENT OVER THAT. IT AROSE BEFORE YOU’RE BORN, AND IT LASTS UNTIL BEYOND DEATH.Q: DO TWINS HAVE THE SAME FINGERPRINTS?A: NO, THEY DON’T.Q: AND IF YOU LOOK AT THE FINGERPRINTS ON YOUR FINGERS, ARE EACH OF THEM THE SAME?A: YOUR PRINTS ARE DIFFERENT FROM YOUR FINGERS AS WELL AS EVERYBODY ELSE’ FINGERS.Q: SO MY TRIGGER FINGER IS GOING TO HAVE A DIFFERENT PRINT THAN MY MIDDLE FINGER.A: YES.Q: ARE YOU FAMILIAR WITH THE TERM KNOWN PRINT?A: YES.Q: WHAT IS A KNOWN PRINT?A: A KNOWN PRINT IS A DELIBERATE REPRODUCTION OF THE FRICTION RIDGE SKIN ON YOUR HANDS. IT’S DONE IN A CONTROLLED ENVIRONMENT. TECHNICALLY THERE’S TWO TECHNIQUES THAT I’M USING CURRENTLY. IT’S BLACK INK, APPLY A LAYER OF BLACK INK TO THE RIDGE SKIN, TRANSFER IT ONTO A WHITE CARD FOR CONTRAST. ANOTHER TECHNIQUE, AND I USED THIS WITH ANOTHER PARENT IN MY BOY’S KINDERGARTEN CLASS LAST — TWO WEEKS AGO. IT’S A BLACK POWDER TECHNIQUE. TAKE A FINGERPRINT BRUSH THAT WE USE AT CRIME SCENES. A CLEAN ONE, OF COURSE. APPLY THAT POWDER TO THOSE RIDGES, AND WE TRANSFER THOSE RIDGES THEN TO AN ADHESIVE PAPER. SO THE RIDGE IS NOW — THE BLACK POWDER IS TRANSFERRED ONTO THAT ADHESIVE PAPER. WE PUT A CLEAR ACETATE OVER THE COVER OF THAT. THOSE ARE KNOWN PRINTS. WE KNOW WHO THAT CAME FROM.Q: THAT WOULD BE LIKE A FINGERPRINT WHEN YOU ARE APPLYING FOR A JOB OR SOMEONE IS BEING BOOKED INTO JAIL, THAT TYPE OF THING?A: YES.Q: ARE YOU FAMILIAR WITH THE TERM LATENT FINGERPRINT?A: YEAH.Q: WHAT IS A LATENT FINGERPRINT?A: LATENT PRINTS ARE — AGAIN THEY’RE REPRODUCTIONS OF THAT FRICTION RIDGE SKIN, BUT THERE’S A BIG DIFFERENCE. IN ONE THEY ARE NOT DONE IN CONTROLLED ENVIRONMENT; THEY ARE LEFT BY CHANCE. I CAN TOUCH THIS PIECE OF WOOD HERE, AND I MAY OR MAY NOT HAVE LEFT A PRINT. I WON’T KNOW. LATENT MEANS HIDDEN OR INVISIBLE. IT REQUIRES SOME SORT OF CHEMICAL OR POWDER TECHNIQUE TO MAKE THOSE VISIBLE.Q: YOU INDICATED THAT JUST BECAUSE YOU OR ANYBODY TOUCHES A SURFACE, IS THAT GOING TO LEAVE A FINGERPRINT BEHIND?A: MAY OR MAY NOT.Q: WHAT DEPENDS ON THAT?A: THREE AREAS. ONE IS THE PRE-TRANSFER CONDITIONS. WHAT’S ON MY HAND WHEN I TOUCH THAT SURFACE. IS THERE SWEAT; IS THERE OIL; IS THERE ANOTHER CONTAMINANT FROM MY LUNCH THIS AFTERNOON; OR DID I JUST WASH MY HANDS AND VERY CLEAN, NO CONTAMINATION AT ALL.
SECOND IS THE SURFACE AREA. MY FAVORITE SURFACE IS GLASS. IT’S REAL SMOOTH, REAL CLEAN, LEAVES GREAT PRINTS. WOOD NOT SO MUCH. TOUGHER PRINTS. SO IT’S GOING TO . . .
THE LAST FACTOR WILL BE ENVIRONMENTAL. IF I DO LEAVE A PRINT HERE, HOW LONG WILL THAT LAST. THAT WILL DEPEND ON WHETHER SOMEBODY COMES BY AND WIPES THAT OFF LATER, SOMEBODY COMES OVER AND WIPES THE TOP OF THAT.
THOSE THREE AREAS WILL DETERMINE IF A PRINT IS LEFT.Q: WILL IT ALSO MAKE A DIFFERENCE HOW FIRMLY YOU TOUCH A SURFACE?A: YES. SIDE-TO-SIDE AND UP-AND-DOWN PRESSURE. IF I PUT MY HAND DOWN, AND I MOVE IT, I’VE JUST SMEARED EVERYTHING THAT I LEFT.Q: CAN YOU GIVE US THE BASIC EXPLANATION OF HOW YOU COMPARE A KNOWN PRINT WITH A LATENT PRINT TO SEE IF THERE’S A MATCH.A: THE METHODOLOGY IS ANALYSIS, COMPARISON, EVALUATION. AND THEN IF I DO MAKE AN IDENTIFICATION, VERIFICATION. I START WITH ANALYSIS OF THE LATENT PRINT, LOOKING AT RIDGE DETAIL THAT’S PRESENT TO SEE IF IT’S UNIQUE AND IF THERE’S SUFFICIENT QUALITY AND QUANTITY TO MAKE AN IDENTIFICATION.
AFTER THE ANALYSIS I GO AHEAD AND DO A SIDE-BY-SIDE COMPARISON. SO LET’S USE THE TOOLS I SPOKE ABOUT, THE MAGNIFYING GLASS, THE MICROSCOPE, THE COMPUTER. SIDE-BY-SIDE I’M LOOKING FOR THE CHARACTERISTICS, AND THEY NEED TO BE IN THE SAME LOCATION, THEY NEED TO BE THE SAME TYPE, THEY NEED TO BE THE SAME DIRECTION, AND THEY NEED TO BE IN THE SAME RELATIONSHIP BY EACH OTHER. IF I HAVE ENOUGH TO MAKE AN IDENTIFICATION, I DO THAT AND PASS IT ON TO MY VERIFIER WHO DOES THE SAME EXAMINATION. ANALYSIS, COMPARISON, AND EVALUATION.Q: WHEN YOU SAY ANALYSIS, YOU’RE LOOKING AT THE LATENT PRINTS FOR THAT?A: YES.Q: AND JUST BECAUSE SOMEONE LIFTS A FINGERPRINT OFF OF A SURFACE AT A CRIME SCENE, DOES THAT MEAN THAT THAT LATENT PRINT IS GOING TO BE USABLE?A: NO. THE POLICY IN OUR DEPARTMENT IS IF YOU SEE RIDGE DETAIL, LIFT IT AND BRING IT IN AND LET THE EXPERTS LOOK AT IT IN A WELL-LIGHTED ENVIRONMENT WITH THE PROPER EQUIPMENT.Q: SO EVEN THOUGH IT’S LIFTED, IT MAY NOT BE USABLE?A: THAT’S CORRECT.Q: AND WHEN I USE USABLE AND NOT USABLE, WHAT DOES THAT MEAN TO YOU?A: IDENTIFIABLE.Q: SO EVEN THOUGH THEY LEFT IT, IT MAY NOT HAVE ENOUGH RIDGE DETAIL?A: YES.Q: ARE THERE CERTAIN CHARACTERISTICS THAT YOU’RE LOOKING FOR AS YOU WORK YOUR WAY THROUGH A FINGERPRINT TOWARDS AN IDENTIFICATION OR AN EXCLUSION?A: THERE ARE THREE LEVELS OF DETAIL WE LOOK AT. ONE IS THE RIDGE FLOW. IF YOU LOOK AT YOUR HANDS, YOU CAN SEE THOSE RIDGES FLOW IN CERTAIN DIRECTIONS AND CERTAIN PARTS OF YOUR HAND. SO WE LOOK AT RIDGE FLOW TO KIND OF GET AN IDEA OF WHAT PART OF THE HAND WE’RE LOOKING AT.Q: ARE THERE CERTAIN TYPES OF RIDGE FLOWS?A: THAT’S GOING TO BE THE SECOND LEVEL OF DETAIL. WE HAVE RIDGES THAT END. SO THE RIDGE MAY CARRY ON AND JUST AT SOME POINT IT’S GOING TO STOP. LIKE THE END OF MY FINGER, IT WILL STOP. WE ALSO HAVE BIFURCATION, WHERE THE SINGLE RIDGE WILL GO ALONG, AND IT WILL BIFURCATE AND BECOME TWO RIDGES. ONE MORE CHARACTERISTIC WE USE. THOSE ARE DOTS. THE RIDGE IS AS SHORT AS IT IS WIDE, SO IT’S A SINGLE PORE, AND THAT’S A DOT. WE USE THOSE AS WELL.
THEN THERE’S THE THIRD LEVEL OF DETAIL WHICH ARE THE SHAPES AND THE EDGES OF THESE RIDGES. AND WE CAN — THERE ARE LOTS OF REALLY INTERESTING THINGS ON THE EDGES OF THESE RIDGES. SHAPES, PEOPLE HAVE BUMPS OR PORTIONS WHERE THEY GET REALLY NARROW, AND WE LOOK AT THOSE. THIRD LEVEL.
SO ALL THREE LEVELS OF DETAIL WE EXAMINE.Q: WOULD YOU BE ABLE TO DRAW A DIAGRAM FOR US TO HOPEFULLY ILLUSTRATE WHAT YOU’RE TALKING ABOUT, MR. GRAHAM?A: SURE.Q: I’M NOT SURE WE’VE LEFT YOU ENOUGH ROOM HERE. IS THERE SUCH A THING AS LOOPS AND WHORLS AND ARCHES?A: YES.
THE COURT: WE WILL GO AHEAD AND MARK THIS, APPARENTLY 117 IS NEXT UP, SO IT WILL BE MARKED 117 FOR IDENTIFICATION.
(DRAWING MARKED TRIAL EXHIBIT NUMBER 117 FOR
IDENTIFICATION.)
MR. DUSEK: THANK YOU.
THE WITNESS: I’M DRAWN BASICALLY THIS IS WHAT RIDGE DETAIL WILL LOOK LIKE. ONLY AT THE SECOND LEVEL, THOUGH. I DON’T KNOW, FIRST AND SECOND LEVEL. AND HERE’S THE RIDGE FLOW, AND HERE I’VE DRAWN JUST STRAIGHT ACROSS. NOTHING, NOTHING REAL EXCITING ABOUT THAT. I’VE ALSO PUT IN SOME POINTS, THOUGH. THIS IS AN ENDING RIDGE.
BY MR. DUSEK:Q: IS AN ENDING RIDGE BASICALLY WHERE A LINE COMES TO AN END?A: WHERE RIDGE COMES TO AN END. SO I PUT IN THREE OF THOSE.
I PUT IN THE DOT I TALKED ABOUT.
AND THEN I’VE PUT IN ONE BIFURCATION. SO THIS RIDGE HAS COME ALONG, AND IT’S BECOME TWO RIDGES.Q: WOULD BASICALLY THAT BE LIKE A RIVER COMING AND SPLITTING OFF INTO TWO SEPARATE STREAMS?A: YES.Q: AND WHEN I MENTIONED LOOPS, WHORLS, AND ARCHES, WHAT ARE THEY REFERRED TO?A: THOSE ARE PATTERN TYPES. EVERYBODY HAS A PATTERN TYPE AT THE END OF THEIR FINGERS. AND THOSE ARE USED FOR — AT LEAST IN THE OLD DAYS WERE USED FOR CLASSIFICATION. SO IT’S A WAY OF FILING PRINTS. EVERYBODY HAS ONE OF THOSE THREE TYPES OR YOU MAY HAVE ALL THREE.
LOOPS, RIDGES FLOWING FROM ONE SIDE, CURVE AROUND AND THEN FLOW BACK OUT THE SAME SIDE THEY CAME IN.
ARCHES WILL FLOW IN FROM ONE SIDE, UPTURN JUST A LITTLE BIT, TURN BACK DOWN, AND THEN FLOW OUT THE OPPOSITE SIDE.
FOR WHORLS YOU’LL GET A SPIRAL PATTERN, AND THAT’S IT.
BUT WE’VE ALL GOT ONE OF THOSE THREE OR MAYBE ALL THREE OF THOSE THREE.Q: IN THIS CASE WERE YOU ASKED TO COMPARE SOME KNOWN PRINTS WITH LATENT PRINTS?A: YES.Q: AND SPECIFICALLY WERE YOU ASKED TO COMPARE KNOWN PRINTS FROM AN INDIVIDUAL IDENTIFIED AS DANIELLE VAN DAM?A: I WASN’T PROVIDED WITH KNOWN PRINTS FOR DANIELLE. I HAD TO GET THOSE MYSELF. BUT YES.
MR. FELDMAN: YOUR HONOR, I’M SORRY. IT’S HARD TO HEAR THE WITNESS. HE’S SOFT-SPOKEN.
THE COURT: ALL RIGHT.
JUST GET A LITTLE CLOSER TO THE MICROPHONE, MR. GRAHAM.
THE WITNESS: I WASN’T PROVIDED WITH KNOWN PRINTS FROM DANIELLE. I HAD TO ACTUALLY OBTAIN THOSE MYSELF.
BY MR. DUSEK:Q: YOU DID NOT HAVE THE CLASSIC KNOWN PRINTS THAT YOU SEE ON A PRINT CARD WHEN YOU APPLY FOR A JOB, THAT TYPE OF THING?A: THAT’S CORRECT.Q: HOW DID YOU GET KNOWN PRINTS FOR DANIELLE VAN DAM?A: WHEN HER BODY WAS RECOVERED, I WENT TO THE MEDICAL EXAMINER’S OFFICE ON FEBRUARY 28TH AND EVALUATED THE RIDGE DETAIL. I WENT ALONG WITH ANOTHER ONE OF MY PARTNERS, EDUARDO PALMA. WE BOTH LOOKED AT THE HANDS AND AGREED THAT THE ONLY WAY TO GET WHAT WE NEEDED WAS TO HAVE THEM REMOVED AND TAKE THEM BACK TO MY OFFICE.Q: WHAT WERE THE CONDITIONS OF HER HANDS AT THE MEDICAL EXAMINER’S OFFICE?A: EXTREMELY MUMMIFIED, DRIED OUT, WRINKLED UP, SHRIVELED UP. ALL THE DETAIL WAS COMPRESSED.Q: HOW DOES THAT AFFECT YOUR ABILITY TO USE THEM AS KNOWN PRINTS?A: IT REALLY MAKES IT A LOT HARDER.Q: SO THE HANDS WERE CUT OFF?A: YES.Q: AND THEN WHAT DID YOU DO WITH THEM?A: TOOK THEM BACK TO MY OFFICE, DID SOME PHOTOGRAPHY OF THE RIDGE DETAIL AS IT WAS WHEN I GOT AHOLD OF THE HANDS, AND THEN INTRODUCED THEM TO A — IT’S A CHEMICAL TREATMENT OF EMBALMING FLUIDS. WHAT HAPPENS IS WE SUBMERGE THEM IN THE CHEMICALS, AND THE HANDS WILL ACTUALLY BEGIN TO ABSORB THE CHEMICALS, BEGIN TO REHYDRATE, SWELL BACK UP. AND THEN IT MAKES THE — PUTS THE RIDGE DETAIL BACK IN A MORE NORMAL-APPEARING CONDITION.Q: HOW LONG DID THAT TAKE?A: I WAS TAKING PHOTOGRAPHS AS LATE AS MAY 10TH OF THIS YEAR BEFORE I MADE AN IDENTIFICATION. IT WAS A WEEK.Q: NOW, ONCE YOU REHYDRATED THE HANDS, DID YOU STILL HAVE TO DO SOMETHING ELSE?A: YES.Q: WHAT?A: THE FINGERS THEMSELVES WEREN’T REHYDRATING AS QUICKLY AS I WAS HOPING. AND SO WHAT I DECIDED TO DO WAS REMOVE A SECTION OR ACTUALLY TWO SECTIONS OF THE HAND OR THE FINGERS THAT I WAS INTERESTED IN, A SECTION OF THE LEFT MIDDLE FINGER AND A SECTION OF THE LEFT RING FINGER. WHAT I WANTED TO DO WAS GET THOSE THEN SEPARATELY INTO SOLUTION SO THAT — SO THE SOLUTION CAN GO AT IT FROM BOTH SIDES AND REHYDRATE IT QUICKER.Q: SO YOU HAD TO CUT THE SKIN OFF?A: YES.Q: WHICH FINGERS DID YOU CUT THE SKIN OFF?A: THE LEFT MIDDLE AND THE LEFT RING FINGERS.Q: ONCE YOU HAD THE SKIN REMOVED, WHAT DID YOU DO TO GIVE YOURSELF SOME KNOWN PRINTS?A: GRABBED A POLAROID CAMERA, A THREE-TIME ENLARGING POLAROID CAMERA, AND TOOK PICTURES OF THOSE SECTIONS OF SKIN THAT I HAD REMOVED, LAID THEM ON A PIECE OF PAPER, HELD IT DOWN WITH A COUPLE OF SWABS, WOODEN SWABS, AND APPLIED SILVER POWDER TO ADD CONTRAST AND PHOTOGRAPHED IT.Q: THEN WHAT?A: FROM THERE I DID A COMPARISON OF — WITH THE POLAROIDS AS WELL AS THE LATENT PRINT.Q: LET ME SHOW YOU WHAT I’VE HAD PREVIOUSLY MARKED AS COURT’S EXHIBIT 110, THIS POLAROID PHOTOGRAPH. APPEARS TO SHOW A FINGERPRINT. DO YOU RECOGNIZE THAT, MR. GRAHAM?A: YES, I DO.
(POLAROID PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 110
FOR IDENTIFICATION.)
BY MR. DUSEK:Q: CAN YOU SHOW IT UP AND TELL US WHAT IT IS.A: THIS IS A POLAROID OF THE SECTION OF SKIN FROM THE LEFT MIDDLE FINGER OF DANIELLE VAN DAM.Q: THAT’S AFTER THE SKIN HAS BEEN REMOVED FROM HER HAND?A: SKIN’S BEEN REMOVED. IT’S BEEN SILVER POWDERED. YOU CAN SEE THE TWO WOODEN STICKS. THOSE ARE SWABS THAT I AM USING TO HOLD THAT SECTION OF SKIN FLAT.Q: DID YOU PREPARE THIS EXHIBIT?A: YES, I DID.Q: I’VE HAD MARKED AS COURT’S EXHIBIT 111 WHAT APPEARS TO BE A SIMILAR POLAROID PHOTOGRAPH. WHAT IS IT?A: IT’S THE SAME ONLY THIS IS THE SECTION OF THE LEFT RING FINGER. ALSO HELD DOWN WITH SWABS, ALSO SILVER POWDERED.
(POLAROID PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 111
FOR IDENTIFICATION.)
BY MR. DUSEK:Q: THAT CAME FROM THE HAND OF DANIELLE VAN DAM?A: YES. YES.Q: AND, FINALLY, I HAVE A LARGER PHOTOGRAPH, BLACK-AND- WHITE, COURT’S EXHIBIT 112. WHAT IS THAT?A: THIS IS AN ENLARGEMENT OF SOMETHING A LITTLE DIFFERENT. FROM THIS SEGMENT OF SKIN, AFTER I HAD LET IT SOAK IN THE SOLUTION A BIT LONGER, THE EPIDERMAL LAYER BEGAN TO SEPARATE. ONCE IT BEGAN TO SEPARATE, I WENT AHEAD AND REMOVED IT AND PHOTOGRAPHED THAT. THIS IS A LIGHT BOX, SO LIGHT COMING UP FROM BELOW, ALSO BEEN POWDERED, GIVES FANTASTIC DETAIL.
(ENLARGED PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER
112 FOR IDENTIFICATION.)
BY MR. DUSEK:Q: THAT’S THE SKIN REMOVED FROM DANIELLE VAN DAM?A: YES.Q: WERE THOSE THE KNOWNS YOU USED IN TRYING TO MAKE A MATCH WITH HER?A: PART OF THE KNOWNS, YES.Q: AND WERE YOU PROVIDED A SET OF LATENT PRINTS FROM A MOTOR HOME?A: YES, I WAS.Q: LET ME SHOW YOU WHAT’S BEEN PREVIOUSLY MARKED AS COURT’S EXHIBIT 109, THIS ENVELOPE CONTAINING I BELIEVE SIX LATENT PRINT CARDS.A: YES.Q: DO YOU RECOGNIZE THAT?A: YES, I DO.Q: HOW?A: MY NAME, INITIALS ARE ALL OVER, ALL OVER THE ENVELOPE.Q: WHAT DOES IT CONTAIN?A: SIX LATENT PRINT CARDS AND AN EXTENSION OF THE CHAIN OF CUSTODY.Q: CHAIN OF CUSTODY IS WHAT?A: THE WAY WE KEEP TRACK OF WHO’S SEEN THE LATENTS.Q: COULD YOU HOLD UP A LATENT PRINT CARD FOR US AND EXPLAIN WHAT IT IS.A: THIS IS A LATENT PRINT CARD. THIS IS — CARD’S ON THE BACK, THE AREAS THAT CAN BE DOCUMENTED AS TO WHO LIFTED IT, WHERE IT WAS LIFTED, DATE IT WAS LIFTED, TIME IT WAS LIFTED. ALSO AN AREA FOR SKETCHING, DIAGRAMMING WHAT THE SURFACE WAS OR WHERE IT WAS LOCATED.
ON THE FRONT IT’S BLANK, AND A LITTLE GLOSSY. AND WHAT HAPPENS IS THE FORENSIC SPECIALIST OR THE OFFICER ON THE SCENE WILL DEVELOP A PRINT, GO AHEAD AND LAY A PIECE OF FINGERPRINT TAPE OVER THE TOP OF IT, SMOOTH IT OUT, LIFT IT OFF, AND PLACE IT ON THIS CARD AND THEN DOCUMENT WHERE THEY GOT IT FROM. AND THIS IS A LATENT PRINT CARD.Q: ARE EACH OF THOSE LATENT PRINT CARDS LABELED WITH DIFFERENT NUMBERS?A: YES.Q: HOW?A: KAREN LEALCALA, WHO LIFTED THESE, SHE’S DOCUMENTED THEM ONE OF SIX, TWO OF SIX, ALL THE WAY THROUGH SIX OF SIX. FIRST THING I DO WHEN I GET THEM IS I THEN NUMBER THEM FOR MY USE.Q: YOU GIVE THEM DIFFERENT NUMBERS?A: YES.Q: WHAT NUMBER DID YOU GIVE THEM?A: THIS IS MY Q9, 1 THROUGH 6.Q: Q MEANS WHAT?A: QUESTIONED. UNKNOWN.Q: SO IT’S A FINGERPRINT THAT YOU DON’T KNOW WHO LEFT IT THERE, CORRECT?A: YES.Q: AND YOU GAVE IT Q NUMBER WHAT?A: Q9 IS FOR THE ENVELOPE. THIS IS THE NINTH ENVELOPE I RECEIVED ON THE CASE. AND THEN 1 THROUGH 6, SIX LATENT PRINT CARDS IN THE ENVELOPE.Q: DID YOU COMPARE THE KNOWN PRINTS FROM DANIELLE VAN DAM WITH THE SIX LATENTS CONTAINED WITHIN THAT ENVELOPE?A: YES, I DID.Q: WHEN DID YOU DO THAT?A: MARCH 7TH IS THE DATE. ACTUALLY I HAD DONE IT ALL THE WAY THROUGH FROM THE 20TH THROUGH THE 7TH. BUT MARCH 7TH WAS THE DAY I MADE AN IDENTIFICATION.Q: DID YOU FIND ONE THAT RELATED TO DANIELLE VAN DAM?A: YES, I DID.Q: WHICH NUMBER WAS THAT?A: 9-6.Q: THAT’S YOUR 9-6?A: YES.Q: AND HOW ABOUT KAREN LEALCALA’S NUMBERING SYSTEM; WHAT WAS IT?A: IT’S HER SIX OF SIX.Q: DESCRIBE THE COMPARISON THAT YOU MADE.A: I’LL START WITH THE ANALYSIS. IT’S A TECHNIQUE, AND IT’S A SECRET TECHNIQUE, WE PUT OUR HANDS OVER THE TOP OF IT AND KIND OF GET AN IDEA OF THE ORIENTATION. IT’S THAT SIMPLE. SO FROM LOOKING AT THE PRINT MY ANALYSIS IT’S A LEFT HAND, PINKY FINGER, PUT IT RIGHT OVER THE TOP, MINE, OF COURSE, IS MUCH BIGGER. THAT’S THE ANALYSIS.
NOW, AS FAR AS RIDGE DETAIL I’VE DRAWN UP THERE, THERE’S REALLY ONLY TWO SECTIONS THAT I CAN SEE RIDGES. THAT’S BECAUSE OF THE UP-AND-DOWN AND SIDE-TO-SIDE PRESSURE, CREATES A LOT OF DISTORTION UP HERE. SO THESE ARE JUST BLOBS. SAME WITH THE PINKY FINGER. BUT RIGHT HERE, I KNOW IT’S IMPOSSIBLE TO SEE FROM WHERE YOU ARE, IS THE SECTION OF LEFT MIDDLE FINGER, RIGHT AT THIS MIDDLE CREASE.Q: THE KNUCKLE AREA?A: YEAH.Q: THE FIRST KNUCKLE UP FROM THE HAND?A: YES.
AND THE SECTION RIGHT NEXT TO THAT IS GOING TO BE THE LEFT RING FINGER, JUST A LITTLE BIT ABOVE THAT CREASE. SO THAT’S THE ANALYSIS.
SO I KNEW WHERE I WANTED TO LOOK AT DANIELLE. I SPECIFICALLY WENT FOR THOSE SECTIONS OF HER FINGERS FOR MY COMPARISON.Q: BEFORE YOU EVEN WENT TO HER FINGER, YOU COULD TELL WHAT FINGERS WERE IN THE LATENT PRINT?A: YES.Q: AND YOU COULD TELL LEFT FROM RIGHT?A: YES.Q: HOW?A: IT’S THAT TECHNIQUE, PUT MY HAND OVER IT. MY RIGHT HAND DOESN’T FIT; MY LEFT HAND DOES. WE DO THAT ALL THE TIME.Q: HOW CAN YOU TELL UP FROM DOWN?A: WELL, I’VE SEEN LOCATION PHOTOGRAPHS OF THIS LIFT BEFORE. ACTUALLY THESE PRINTS BEFORE IT WAS LIFTED, AS WELL AS THE DIAGRAM. IT HAS AN ARROW HERE. KAREN LEALCALA’S PUT AN ARROW ON IT. IT WILL SHOW THE DIRECTION. SO THAT’S UP. SHE’S ALSO GOT ON THE BACK HER DIAGRAM WITH AN X THAT SHOWS THE LOCATION.Q: YOU TALKED ABOUT SOME MOVEMENT IN THE PRINT. IS THAT CORRECT?A: YES.Q: WHAT DOES THAT MEAN TO YOU?A: THAT THE HAND DIDN’T JUST COME DOWN AND THEN LIFT RIGHT UP. THERE’S SOME MOVEMENT. AND FOR HERE WHAT I CAN SEE, THE DARKER AREA IS ON TOP, WHICH INDICATES PRESSURE, AS WELL AS THERE ARE SOME TAILS OFF THE EDGE OF EACH OF THOSE AND ALSO A FLAT AREA ON THE OPPOSITE SIDE. SO THAT TELLS ME THE MOVEMENT IS FROM MY RIGHT TO LEFT.Q: ONCE YOU COMPLETED THAT PART OF THE ANALYSIS, WHAT NEXT DID YOU DO?A: LIKE I SAID, I WENT FOR THESE TWO SECTIONS OF SKIN ON THE LEFT RING AND LEFT MIDDLE FINGERS, GOT THEM PHOTOGRAPHED, AND BEGAN A COMPARISON.Q: DESCRIBE WHAT YOU DID.A: FOR THIS CASE, BECAUSE THESE PHOTOGRAPHS ARE ACTUALLY TAKEN OF THE HAND AS I SEE IT, WHEN YOU LEAVE A LATENT, YOU ACTUALLY LEAVE IT THE OPPOSITE DIRECTION. SO I CAN LOOK AT MY HAND HERE AND MY THUMB IS HERE ON MY LEFT, BUT WHEN I PUT MY PRINT DOWN, MY THUMB IS NOW ON MY RIGHT. THE FIRST THING I DID IS REVERSE THESE. I PUT THEM IN THE COMPUTER, SCANNED THEM, AND ASKED THE COMPUTER TO FLIP THEM OVER FOR ME. THEN I SCANNED IN THE LATENTS, PUT THEM UP SIDE BY SIDE, AND BEGAN LOOKING FOR THOSE CHARACTERISTICS WITHIN THE TWO.Q: WHAT DID YOU FIND?A: THAT THIS PRINT OR THESE TWO PRINTS FROM THIS HANDPRINT WAS MADE BY — WERE MADE BY DANIELLE VAN DAM.Q: HOW CERTAIN ARE YOU?A: ABSOLUTELY CERTAIN.Q: HOW MANY FINGERS ARE THERE ON THAT LATENT PRINT THAT YOU JUST HELD UP?A: THERE’S FOUR.Q: AND HOW MANY WERE YOU ABLE TO MATCH?A: TWO.Q: WHY COULDN’T YOU MATCH THE OTHER TWO ON THAT PRINT?A: THERE IS NO RIDGE INFORMATION AT ALL, AND THAT’S WHAT WE — THAT’S WHAT WE USE FOR COMPARISON.Q: DID YOU GO TO THE MOTOR HOME WHERE THAT PRINT CAME FROM?A: YES, I DID.Q: DID YOU TAKE ANY MEASUREMENTS OR TRY TO LOCATE WHERE THAT PRINT CAME FROM?A: YES, I DID.Q: WERE YOU ABLE TO LOCATE IT?A: YEAH. ACTUALLY THIS PRINT HAS BEEN LIFTED TWICE. IT’S STILL VISIBLE. STILL THERE ON THAT CABINET.Q: I HAVE HAD MARKED AS COURT’S EXHIBIT 115 AN ENLARGED PHOTOGRAPH. HUGE. DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE, MR. GRAHAM?A: YES, I DO.
(ENLARGED PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 115
FOR IDENTIFICATION.)
BY MR. DUSEK:Q: DESCRIBE IT FOR US, WOULD YOU PLEASE.A: IT’S A LOCATION SHOT OF THE — OF WHERE THAT LATENT PRINT WAS FOUND AND LIFTED FROM. THAT CABINET THERE WITH THE ANGLE RULER IS THE CABINET WHERE THE PRINT WAS, AND THE ANGLE RULER IS ACTUALLY AROUND THE PRINT ITSELF. THAT’S THE DRIVER’S- SIDE CABINET IN THE BEDROOM OF THE WESTERFIELD MOTOR HOME.Q: DID YOU TAKE MEASUREMENTS — WELL, I’M SORRY. WHEN YOU WERE THERE, COULD YOU STILL SEE THE PRINT THERE?A: YES.Q: EVEN THOUGH IT HAD ALREADY BEEN LIFTED BY OTHER PEOPLE?A: YES. TWICE.Q: DID YOU TAKE ANY MEASUREMENTS OF THAT LOCATION THROUGH THE OTHER ITEMS IN THE AREA?A: YES, I DID.Q: LET ME SHOW YOU WHAT WE’VE MARKED AS COURT’S EXHIBIT 114, ANOTHER PHOTO DISPLAY BOARD.
(ENLARGED PHOTOGRAPH MARKED TRIAL EXHIBIT NUMBER 114
FOR IDENTIFICATION.)
BY MR. DUSEK:Q: DO YOU RECOGNIZE WHAT WE HAVE DEPICTED HERE, MR. GRAHAM?A: YES, I DO.Q: WHAT IS IT?A: THAT’S AN ENLARGEMENT OF A POLAROID PHOTOGRAPH THAT I TOOK WHEN I WAS IN THE MOTOR HOME ON APRIL 17TH DOING THESE MEASUREMENTS.Q: THE MEASUREMENTS ARE WHAT?A: MEASUREMENTS ARE MEASUREMENTS THAT I TOOK THAT WILL HELP ME FIGURE OUT EXACTLY THE RELATIONSHIP OF THAT CABINET TO THAT BED TO THE CABINET STAND BELOW THAT CABINET.Q: THERE APPEAR TO BE SOME MARKINGS ON THE EXHIBIT THERE, INCHES. WHAT DO THEY INDICATE?A: THE DISTANCE FROM THE TOP OF THE LOWER STAND TO THE TOP OF THAT CABINET OR THE BOTTOM OF THAT CABINET IS TEN INCHES.
THE OTHER MARK IS THE ONE AND THREE-EIGHTHS INCHES. THAT’S THE THICKNESS OF THE TOP OF THAT STAND. THAT STAND IS — ACTUALLY THE BOTTOM OF THAT STAND IS FLUSH WITH THE TOP OF THE MATTRESS WHICH GIVES ME THE APPROXIMATELY ELEVEN AND A HALF INCHES FROM THE TOP OF THE MATTRESS TO THE BOTTOM OF THAT CABINET.Q: AND THE CABINET THAT’S UP ABOVE, WAS THAT FLUSH WITH THE CABINET OR DRESSER DOWN BELOW?A: ON THE SIDE, YES. AND THE FRONT, NO.Q: HOW WAS IT OFFSET ON THE FRONT?A: CAN I LOOK AT MY NOTES?
THE CABINET EXTENDS 21-1/4 INCHES FROM THE WALL. THAT’S THE TOP CABINET. THE BOTTOM CABINET IS 29-3/4 INCHES. SO AN EIGHT-AND-A-HALF-INCH DIFFERENCE.Q: WHICH HAND WERE YOU ABLE TO DETERMINE MATCHED THE PRINT ON THAT CABINET?A: LEFT HAND.Q: DID YOU SEE THE AREA ON THE CABINET WHERE THAT PRINT WAS?A: YES, I DO.Q: CAN YOU DESCRIBE THAT AREA FOR US.A: IT’S THE CORNER OF THE — THE LOWER RIGHT CORNER OF THE CABINET. YOU CAN ACTUALLY SEE A CLEAN SPOT. IT’S LIKE A WHITE SQUARE. AND THAT’S THE AREA WHERE THE POWDER WAS LIFTED. WITHIN THAT SQUARE YOU CAN SEE THE SMUDGES OR WHAT REMAINS OF THAT LATENT THAT WAS LIFTED TWICE.Q: CAN YOU TAKE A FELT PEN AND INDICATE, CIRCLE THAT AREA IF YOU WOULD.A: (THE WITNESS COMPLIED.)Q: YOU HAVE DONE THAT FOR US.
DID YOU PREPARE SOME ENLARGEMENTS OF THAT FINGERPRINT IN THAT AREA?A: YES, I DID.Q: I HAVE HAD MARKED AS COURT’S 113 WHAT LOOKS LIKE ENLARGEMENTS OF FINGERPRINTS. LET ME SHOW YOU WHAT’S BEEN MARKED AS EXHIBIT 113.
DO YOU RECOGNIZE THAT?A: YES, I DO.
(ENLARGEMENT OF FINGERPRINTS MARKED TRIAL EXHIBIT
NUMBER 113 FOR IDENTIFICATION.)
BY MR. DUSEK:Q: DID YOU PREPARE THAT?A: YES, I DID.Q: WHAT IS IT?A: THAT’S AN ENLARGEMENT OF THAT LATENT PRINT CARD THAT I SHOWED YOU EARLIER, 9-6.Q: THERE APPEARS TO BE SOME BLACKENED AREA AT THE TOP OF THAT EXHIBIT. WHAT IS THAT?A: THE ROUND BLACKENED AREAS OR THE —
MR. FELDMAN: SORRY, YOUR HONOR. VAGUE. THERE’S ALL KINDS OF BLACK.
THE COURT: YES. REPHRASE THE QUESTION.
BY MR. DUSEK:Q: IT APPEARS — ON THE TOP HALF OF THAT EXHIBIT THERE APPEARS TO BE SOME SOLID BLACK AREA. WHAT IS THAT, SIR?A: THE ROUND MASSES, THAT’S WHERE THOSE FINGERTIPS CAME IN CONTACT.Q: I’M REFERRING TO THIS GENERAL AREA.A: THE GENERAL AREA, THAT’S WOOD. THIS CABINET ACTUALLY HAS TWO DIFFERENT SURFACES AS WOOD. ONE IS MORE POROUS, MORE GRAINY, THAN THE OTHER. SO THE ACTUAL CABINET ITSELF, YOU CAN SEE THE ROUND OR THE WHITE MARKS. THOSE ARE — THAT’S THE GRAIN OF THE WOOD. THE MOULDING OR WHERE THE PRINTS ACTUALLY EXIST, THIS IS MOULDING ON THE SIDE, SO IT’S A DIFFERENT FINISH, A FINER GRAIN OF WOOD. AGAIN, LIKE I SAID, THESE ARE THE PORES OF THE WOOD. THE WHITE MARKS.Q: AND DOWN BELOW, THE LOWER HALF OF THE EXHIBIT, WHAT DOES THAT SHOW US?A: THIS IS THE MOULDING, MUCH SMOOTHER, MAYBE A BETTER FINISH TO IT, MUCH BETTER FOR PRINTS.Q: WHERE ARE THE FINGERPRINTS THAT YOU WERE ABLE TO LIFT, COMPARE, AND MATCH?A: THE PRINTS THAT I COMPARED AND MATCHED, RIGHT HERE. THIS IS NUMBER 8. L. M. L. M. STANDS FOR LEFT MIDDLE. NUMBER 9, LEFT RING. L. R. LEFT RING.Q: LET ME GO BACK TO COURT’S EXHIBIT 114. YOU TOLD US THAT THAT WAS THE LEFT HAND THAT LEFT THE PRINT ON THAT CABINET WALL.A: YES.Q: ARE YOU ABLE TO ORIENT US AS TO THE POSITION OF THE HAND AS IT WOULD HAVE BEEN PLACED AGAINST THAT CABINET WALL?A: YES.Q: COULD YOU DO THAT FOR US.A: CAN I STAND UP AND GO TO THE CHART?Q: PLEASE.A: (THE WITNESS COMPLIED.)
IT’S REALLY AWKWARD FROM THIS POSITION, BUT ESSENTIALLY LEFT HAND IS ALMOST STRAIGHT UP, BUT MORE BACK THAN UP.Q: AND WHAT YOU’RE INDICATING IS YOUR FINGERS ARE GOING TO THE TOP OF THE DIAGRAM, IS THAT CORRECT?A: YES.Q: AND IT LOOKS LIKE THE SMALL FINGER SIDE OF YOUR HAND IS CLOSER TO THE CABINET THAN THE TRIGGER FINGER AND THUMB FINGER OF THE HAND.A: YES.Q: SO THE TRIGGER FINGER AND OPEN — AND THUMB PART OF THE HAND WOULD BE AWAY FROM THE CABINET?A: AS BEST I CAN TELL, YES.Q: WHY DO YOU SAY THAT, SIR?A: I DON’T HAVE ANY OTHER INFORMATION HERE. SO THE THUMB MAY NOT HAVE EVEN MADE IT ONTO THAT CABINET HAD IT BEEN CLOSE BY. BUT THE LENGTH OF THE PRINTS THEMSELVES, THE INDEX FINGER, LEFT INDEX FINGER, IS A VERY SHORT PRINT, WHERE THE OTHERS PROGRESSIVELY GET LONGER, WHICH TELLS ME IT WILL BE MORE OFF TO THE SIDE LIKE THAT THAN FLAT.Q: OFF TO THE SIDE MEANS AN ANGLED APPLICATION TO THE CABINET?A: YES.Q: REGARDING THE OTHER LATENTS THAT WERE IN THE EXHIBIT THAT I’VE JUST GIVEN YOU THAT WE’VE BEEN WORKING WITH, WERE YOU ALSO ASKED TO TRY TO COMPARE THE REMAINING PRINTS WITH ANY KNOWN PRINTS THAT YOU WERE PROVIDED?A: ACTUALLY I COMPARED ALL OF THESE PRINTS TO OTHER KNOWN PRINTS WELL BEFORE I GOT DANIELLE’S HANDS. SO YES.Q: REGARDING ANY OF THE OTHER PRINTS IN THAT PACKET WHICH IS COURT’S EXHIBIT —
THE COURT: 109.
BY MR. DUSEK:Q: — 109, WERE YOU ABLE TO MAKE A COMPARISON WITH ANY OTHER KNOWN PRINTS THAT YOU HAVE?A: YES.Q: WHICH NUMBER WERE YOU ABLE TO COMPARE AND MADE A MATCH?A: ON EXHIBIT 9-3, WHICH IS FROM THE BEDROOM WINDOW PASSENGER SIDE. IT WAS MADE BY A YOUNG LADY NAMED —Q: AAH, AAH. DON’T —A: — DANIELLE L. DANIELLE L.Q: BEDROOM WINDOW PASSENGER SIDE?A: BEDROOM WINDOW PASSENGER SIDE.Q: INSIDE OR OUTSIDE?A: INSIDE. ACTUALLY THAT’S NOT DOCUMENTED. I ASSUME INSIDE. I’M NOT CERTAIN.Q: AND THAT WAS TO AN INDIVIDUAL NAMED DANIELLE WITH THE LAST INITIAL L.A: YES.Q: HAD YOU TAKEN THOSE KNOWN PRINTS?A: YES, I DID.Q: WAS THERE ANOTHER PRINT THAT YOU WERE ABLE TO IDENTIFY?A: YES.Q: WHAT NUMBER WAS THAT?A: MY EXHIBIT 9-4.Q: WHERE DID THAT COME FROM?A: BEDROOM WINDOW DRIVER’S SIDE.Q: DO YOU KNOW IF THAT WAS INSIDE OR OUTSIDE?A: DON’T KNOW.Q: THE FIRST NAME OF THAT INDIVIDUAL.A: JENNIFER.Q: LAST NAME INITIAL.A: L.Q: DID YOU TAKE THAT KNOWN PRINT FROM JENNIFER L.?A: YES, I DID.Q: ABOUT HOW OLD DID SHE APPEAR TO BE?A: OH, FIFTEEN, SIXTEEN, MAYBE SEVENTEEN.Q: AND DANIELLE L. APPEARED TO BE HOW OLD?A: APPROXIMATELY THE SAME AGE.Q: WERE YOU ABLE TO IDENTIFY THE OTHER PRINTS CONTAINED WITHIN THAT PACKET?A: I’VE I.D.’D EVERYTHING IN THIS PACKET THAT I FEEL IS IDENTIFIABLE, YES.Q: AND THE THREE REMAINING PRINTS, DOES THAT MEAN THEY’RE NOT USABLE?A: YES.Q: AND WHAT DO YOU MEAN BY THAT?A: ACTUALLY NOT THE THREE REMAINING. AS I SAID EARLIER, THERE WERE TWO LIFTS OF THAT IMPRESSION THAT’S ON 9-6. SO ONE OF THEM IS JUST THE FIRST VERSION OF THE SECOND, OF THAT LIFT. SO THERE ARE TWO REMAINING. AND THE INFORMATION IS JUST NOT CLEAR ENOUGH FOR ME TO IDENTIFY ANYBODY.Q: AND THOSE ARE IDENTIFIED AS NINE DASH WHAT?A: ONE AND TWO.Q: WERE YOU PROVIDED OTHER PRINTS FROM THE DEFENDANT’S MOTOR HOME?A: NO.Q: OTHER LATENTS, I’M SORRY.A: THERE ARE LATENTS THAT I WENT OUT AND GOT. BUT, NO, I WASN’T PROVIDED WITH ANY OTHERS.Q: SO YOU WENT OUT AND GOT SOME OF YOUR OWN?A: YES.Q: HOW MANY LATENTS DO YOU THINK YOU WERE ABLE TO GET OUT OF THAT MOTOR HOME?A: I GOT A TOTAL OF SIXTEEN CARDS. IMPRESSIONS I DON’T REMEMBER OFF THE TOP OF MY HEAD.Q: WHEN DID YOU GO OUT AND DO THAT?A: APRIL 17TH.Q: DO YOU KNOW IF THE MOTOR HOME HAD BEEN IN EXCLUSIVE POLICE CUSTODY FROM THE TIME THAT IT WAS SEIZED ON FEBRUARY 5TH UNTIL YOU WENT OUT ON APRIL 17TH?
MR. FELDMAN: FOUNDATION. OBJECTION.
THE COURT: IF IT’S WITHIN YOUR PERSONAL KNOWLEDGE, YOU MAY ANSWER; OTHERWISE, INDICATE YOU DO NOT KNOW.
THE WITNESS: I KNOW THAT THROUGH CONVERSATIONS I HAD WITH THE INVESTIGATORS.
THE COURT: ALL RIGHT. SUSTAINED.
NEXT QUESTION.
BY MR. DUSEK:Q: REGARDLESS, YOU WERE ABLE TO LIFT SOME OTHER LATENT PRINTS FROM THE MOTOR HOME.A: YES, I WAS.Q: DO YOU RECALL ABOUT WHERE THEY CAME FROM?A: ALL OVER. KITCHEN CABINET, FIRST POCKET DOOR, SECOND POCKET DOOR, A DRAWER, ONE OF THE DRAWERS IN THE HALLWAY, UPPER CABINETS, WHICH ARE THE TOP CABINETS IN EXHIBIT 114. THE HORIZONTAL CABINETS. SO VARIOUS SURFACES WITHIN THE MOTOR HOME.Q: DO YOU KNOW IF YOU LOOKED UP IN THE DRIVER’S COMPARTMENT?A: I DID NOT.Q: DID YOU HAVE KNOWN PRINTS OF DAVID WESTERFIELD?A: YES, I DID.Q: DID YOU COMPARE HIS KNOWN PRINTS TO THE OTHER LATENTS THAT YOU HAD FROM HIS MOTOR HOME?A: YES, I DID.Q: WHY?A: THE BEST WAY TO ELIMINATE SOURCES OF PRINTS IS TO IDENTIFY SOMEBODY ELSE. SO I’M HOPING THAT WITH THE LATENTS THAT I RECOVERED THAT REMAINED UNIDENTIFIED THAT IF I COULD LINK THEM TO MR. WESTERFIELD, THAT IT WOULD TAKE CARE OF — ANSWER THOSE QUESTIONS FOR ME.Q: WERE YOU ABLE TO LINK HIS KNOWN FINGERPRINTS TO THOSE LATENTS THAT YOU HAVE BEEN TALKING ABOUT?A: NO.Q: DID YOU FIND ANY OF DAVID WESTERFIELD’S FINGERPRINTS IN HIS MOTOR HOME?A: NO.Q: DOES THAT MEAN HE’S NEVER BEEN THERE?A: NO.Q: WHAT DOES IT MEAN?A: LIKE I SAID, PRINTS ARE LEFT BY CHANCE. SO MAYBE HE DIDN’T TOUCH THE RIGHT SURFACE, MAYBE HIS HANDS WERE VERY CLEAN, MAYBE HE WASN’T SWEATING AT THE TIME. OTHER THAN THAT, THE ENVIRONMENTAL PRE-TRANSFER AND POST-TRANSFER CONDITIONS. THAT’S THE EXPLANATION.Q: WERE YOU ALSO ASKED TO LOOK AT FINGERPRINTS FROM THE VAN DAM HOME?A: YES.Q: ARE YOU ABLE TO ESTIMATE HOW MANY PRINTS, LATENTS, YOU WERE GIVEN?A: I THINK TOTAL LIFTS AND PHOTOGRAPHS OVER THREE HUNDRED, MAYBE THREE HUNDRED TWENTY-FIVE.Q: WERE YOU ALSO PROVIDED KNOWN PRINTS TO BE CHECKED WITH THE VAN DAM FINGERPRINTS?A: PROVIDED WITH KNOWN PRINTS AS WELL AS PRINTS THAT I RECORDED MYSELF, YES.Q: AND SOME OF THE KNOWN PRINTS CAME FROM THE VAN DAM FAMILY ITSELF?A: YES.Q: MOTHER, FATHER, AND TWO SONS?A: YES.Q: POLICE OFFICERS ALSO?A: YES.Q: FRIENDS OF THE FAMILY ALSO?A: YES.Q: WERE YOU ABLE TO IDENTIFY ANY OF THE PRINTS?A: I’VE IDENTIFIED A TOTAL OF 122 PRINTS IN THIS CASE.Q: DID YOU EVER FIND DAVID WESTERFIELD’S PRINTS IN THE VAN DAM HOME?A: NO.Q: WHAT HAPPENS IF YOU WEAR A GLOVE? IS THAT GOING TO CAUSE YOU TO LEAVE A PRINT?A: NOT A FINGERPRINT, NO.Q: WHY NOT?A: THE GLOVE IS NOW IN THE WAY. SO WHEN YOU MAKE CONTACT WITH A SURFACE, THE PRINTS ARE TOUCHING THE GLOVE; THE GLOVE IS TOUCHING THE SURFACE, SO YOU ARE NOT GOING TO GET PRINTS.Q: I THINK WE HEARD EARLIER FROM OTHER WITNESSES ABOUT FINGERPRINTS THAT WERE LEFT ON A RAILING GOING UPSTAIRS IN THE VAN DAM HOME. DID YOU GET A CHANCE TO LOOK, EXAMINE THOSE FINGERPRINTS?A: YES.Q: WERE YOU ABLE TO IDENTIFY ANY OF THOSE?A: I KNOW THAT I’VE IDENTIFIED AT LEAST ONE OF THEM, YES.Q: TO WHOM, DO YOU KNOW?A: TO PETER DAMON VAN DAM.Q: THAT’S THE FATHER?A: YES.Q: WAS THERE AN UNIDENTIFIED PRINT ON THAT RAILING GOING UPSTAIRS?A: YES.Q: WHERE WAS IT?A: CAN I GO AHEAD AND LOOK IT UP IN MY NOTES?Q: SURE.A: IT’S ON THE — MY EXHIBIT NUMBER ONE, EXHIBIT Q1-10.Q: THAT DOESN’T HELP US OUT MUCH.A: DOESN’T. DOCUMENTED THIRD SEGMENT OF WOOD HANDRAIL TO STAIRS AT LAST FLIGHT WITH, IN PARENTHESES, CLOSEST TO HALLWAY CABINETS ABOVE THIRD BALL. MEANS NOTHING TO ME.Q: LET ME SHOW YOU THIS PHOTO DISPLAY BOARD LABELED AT THE TOP “VAN DAN RESIDENCE.” IT’S COURT’S EXHIBIT 19.
HAVE YOU BEEN IN THE VAN DAM HOME?A: YES.Q: AND DO YOU RECOGNIZE THE STAIRCASE THAT’S IN PHOTOGRAPH A?A: YES, I DO.Q: AND ARE YOU ABLE TO TELL US APPROXIMATELY WHERE THAT FINGERPRINT WAS ON THE STAIRCASE THAT WE’RE TALKING ABOUT?A: I DON’T KNOW IF IT’S IN THE PHOTO. FROM WHAT I’M READING HERE AND LOOKING AT THE PICTURE, THIRD SEGMENT OF WOOD TO HANDRAIL TO STAIRS AT LAST FLIGHT, THIRD SEGMENT OF WOOD. AND I SEE NOW THE ROUND ORNATE PIECES OF WOOD ON TOP OF EACH POST. I GUESS THOSE ARE THE BALLS. SO ABOVE THE THIRD BALL. ONE, TWO, THREE. ABOVE THE THIRD BALL. THIRD SEGMENT OF WOOD I ASSUME IS ONE, TWO, THREE. AT LAST FLIGHT, CLOSEST TO HALLWAY CABINETS. SO, AGAIN, I ASSUME — I ASSUME SOMEWHERE ON THIS RAIL WHICH MAY NOT BE ENTIRELY IN THE PHOTOGRAPH.Q: WERE YOU ABLE TO DETERMINE THE ORIENTATION OF THAT FINGERPRINT?A: IT’S A PALMPRINT, YES.Q: WHICH HAND?A: IT’S THE RIGHT HAND.Q: RIGHT HAND ON THE — FROM THE PALM, CORRECT?A: YES.Q: AND ITS DIRECTION, ARE YOU ABLE TO TELL US THAT ON THE RAILING?A: ACCORDING TO THE WAY IT’S DOCUMENTED, IT APPEARS TO BE UPSIDE DOWN ON THE RAILING.Q: BY THAT DOES IT MEAN THAT IF YOU ARE WALKING UPSTAIRS AND THE RAILING WOULD BE ON THE RIGHT-HAND SIDE, THAT THAT WOULD BE THE NATURAL GRABBING OF THE HANDRAIL?A: EXACTLY THE OPPOSITE TO THAT. REVERSE OF THAT.Q: SO SOMEHOW THE RIGHT HAND WOULD BE CROSSED OVER IN FRONT OF THE BODY ONTO THE HANDRAIL?A: YES.Q: WERE YOU ABLE TO IDENTIFY THAT PRINT?A: NO, I WASN’T.Q: WAS THERE ANOTHER FINGERPRINT FROM THE SLIDING GLASS DOOR?A: YES.Q: WHERE WAS THAT FINGERPRINT FROM?A: AGAIN FROM THE DOCUMENTATION ON THE CARD IT APPEARS TO BE THE DOOR HANDLE HERE IS ABOUT MID DOOR, MAYBE A FOOT ABOVE THAT HANDLE ON THE FRAME OF THE SLIDING GLASS DOOR. IT APPEARS TO BE A LEFT PALM.Q: ON THE INSIDE OR OUTSIDE OF THE SLIDING GLASS DOOR?A: THE OUTSIDE.Q: SO IT WOULD BE ON THE OUTSIDE OF A SLIDING GLASS DOOR ON THE RAIL WHERE THE HANDLE IS?A: NOT ON THE HANDLE. ON THE FRAME ABOVE THE HANDLE, YES.Q: WERE YOU ABLE TO IDENTIFY THAT ONE?A: NO, I WASN’T.Q: AS SOME OF THE KNOWNS THAT YOU HAD, DID YOU HAVE A KNOWN FROM A BARBARA EASTON?A: YES.Q: WHO TOOK THOSE?A: I DID.Q: DID YOU HAVE A KNOWN FROM A DENISE KEMAL?A: YES.Q: WHO TOOK THOSE?A: I TOOK ONE SET. DETECTIVE MALER TOOK A SECOND SET.Q: DID YOU HAVE KNOWN PRINTS FROM A RICHARD BRADY?A: YES.Q: WHO TOOK THOSE?A: MYSELF AND DETECTIVE MALER. DIFFERENT DATES.Q: AND DID YOU HAVE KNOWN PRINTS FROM A KEITH STONE?A: YES.Q: WHO TOOK THOSE?A: SAME. DIFFERENT DATE. MALER AND MYSELF.Q: DID YOU COMPARE THOSE FOUR PEOPLE WITH THE LATENT PRINTS THAT YOU HAD FROM THE VAN DAM HOME?A: YES, I DID.Q: DID THEY MATCH ANY OF THE LATENT PRINTS THAT YOU HAD?A: NONE OF THEM, NO.Q: DOES THAT MEAN THEY’VE NEVER BEEN IN THE HOUSE?A: NO.Q: WHAT’S IT MEAN?A: AGAIN THOSE PRE-TRANSFER, TRANSFER, POST-TRANSFER CONDITIONS.Q: DOES IT ALSO MEAN THAT MAYBE THEY DIDN’T TOUCH ANYTHING?A: MAYBE THEY DIDN’T TOUCH ANYTHING.
MR. DUSEK: THANK YOU, SIR.
THE COURT: ALL RIGHT.
CROSS-EXAMINATION.

CROSS-EXAMINATION
BY MR. FELDMANQ: GOOD AFTERNOON.A: GOOD AFTERNOON.Q: SIR, IS FINGERPRINT, IS IT AN ART OR A SCIENCE?A: IT’S A SCIENCE.Q: CAN YOU EXPLAIN WHAT DO YOU MEAN BY SCIENCE?A: SCIENCE, HAS A METHODOLOGY.Q: M-HM.A: HAS AN ERROR RATE. WE CAN COME UP AND LET YOU KNOW EXACTLY WHO MADE THAT PRINT. IT HAS A HUNDRED YEARS OF RESEARCH BEHIND IT, DONE BY EMBRYOLOGISTS, PEOPLE THAT STUDY GENETICS, BIOLOGISTS, AND THAT’S JUST IN THE UNIQUE FACTORS OF IT. IT’S BEEN STUDIED FOR OVER 350 YEARS BY OTHER PEOPLE.Q: ARE THERE ANY COLLEGES OR UNIVERSITIES THAT OFFER DEGREES IN FINGERPRINTING?A: AS A MATTER OF FACT, I TOLD YOU NO IN THE PRELIM. AND WAS CORRECTED LATER, THAT, YES, THERE’S A WEST VIRGINIA UNIVERSITY OFFERS A PROGRAM IN FINGERPRINTS.Q: SO YOU JUST TOLD — I THINK WHAT YOU JUST COMMUNICATED TO THE JURY IS YOU TESTIFIED BEFORE UNDER OATH CONCERNING THIS SUBJECT MATTER. IS THAT RIGHT, SIR?A: YES.Q: YOU ANSWERED THE QUESTIONS AT PRELIMINARY HEARING, CORRECT?A: THAT’S CORRECT.Q: YOU WERE UNDER OATH AT PRELIMINARY HEARING.A: THAT’S RIGHT.Q: YOU DID THE BEST YOU COULD TO ANSWER ACCURATELY ALL THE QUESTIONS THAT CAME AT YOU AT PRELIMINARY HEARING, CORRECT?A: I SURE DID.Q: AND UNDER OATH YOU SAID AT LEAST IT WAS YOUR UNDERSTANDING JUST — THE PRELIM. WAS ONLY WHAT, SIXTY DAYS AGO?A: SOME TIME IN MARCH. MID MARCH.Q: SO AS OF SIXTY DAYS AGO YOU DIDN’T EVEN KNOW WHETHER OR NOT THERE WAS A UNIVERSITY IN THE UNITED STATES THAT OFFERED A DEGREE IN FINGERPRINTS.
MR. DUSEK: OBJECTION. ARGUMENTATIVE.
THE WITNESS: THAT’S RIGHT.
THE COURT: OVERRULED.
HE JUST ANSWERED IT. THE ANSWER WILL STAND.
THE WITNESS: THAT’S CORRECT.
BY MR. FELDMAN:Q: IN ORDER TO BECOME A FINGERPRINT EXAMINER, THERE’S NO SPECIFIC TEST THAT YOU TAKE, IS THERE?A: ACTUALLY TO BE HIRED WITH OUR DEPARTMENT, NO, THERE’S NO TEST. THERE IS A TEST OFFERED BY THE INTERNATIONAL ASSOCIATION FOR IDENTIFICATION THAT WILL CERTIFY EXAMINERS.Q: I ASKED YOU THE QUESTION AT PRELIMINARY HEARING: THERE’S NO TEST YOU TAKE TO BE A FINGERPRINT EXAMINER, IS THERE. AND YOU ANSWERED THERE IS NOT. ISN’T THAT CORRECT?A: THERE IS NOT. IT WILL VARY FROM DEPARTMENT TO DEPARTMENT. IN MY DEPARTMENT, THAT’S CORRECT.Q: THERE’S NO PUBLISHED GUIDELINES SUCH AS THOSE THAT MIGHT BE AVAILABLE IN THE AREA OF D.N.A. COMPARISON OR SEROLOGY WITH REGARD TO FINGERPRINTS, ISN’T THAT CORRECT?
MR. DUSEK: OBJECTION. ASSUMES FACTS NOT IN EVIDENCE REGARDING THE OTHER.
THE COURT: SUSTAINED.
BY MR. FELDMAN:Q: THERE’S NO PUBLISHED GUIDELINES —
MR. FELDMAN: I’M SORRY, YOUR HONOR.
BY MR. FELDMAN:Q: THERE’S NO PUBLISHED GUIDELINES IN THE AREA OF FINGERPRINT ANALYSIS TO CAUSE ALL EXAMINERS TO AGREE ON ONE PARTICULAR METHOD, ISN’T THAT RIGHT?A: NO. IT’S NOT RIGHT.Q: WELL, THERE’S POINT COUNTERS AND THERE’S RIDGOLOGISTS, CORRECT?A: YES.Q: THE POINT COUNTERS COUNT POINTS AND THE RIDGOLOGISTS LOOK AT SOMETHING ELSE, RIGHT?A: THEY LOOK AT POINTS AND MUCH MORE IN ADDITION TO POINTS.Q: SO THERE ARE EVEN WITHIN THE UNIVERSE OF FINGERPRINT EXAMINERS THERE’S SOME I’LL SAY DISAGREEMENT BETWEEN THE EXACT WAY YOU’RE SUPPOSED TO DO IT.A: I DON’T KNOW IF IT’S DISAGREEMENT AS MUCH AS MISUNDERSTANDING OR POINT COUNTERS NOT UNDERSTANDING WHAT RIDGOLOGISTS DO. SO LIMITATIONS IN KNOWLEDGE AND EXPERIENCE AND TRAINING.Q: SO YOU JUST TOLD ME POINT COUNTERS DON’T KNOW AS MUCH AS RIDGOLOGISTS. I’LL BET YOU’RE A RIDGOLOGIST. IS THAT RIGHT, SIR?A: YES.Q: HAVE YOU TAKEN ANY TEST TO BECOME ACCREDITED EXTERNALLY FROM YOUR POLICE DEPARTMENT TRAINING IN THE AREA OF FINGERPRINT ANALYSIS?A: YES, I HAVE. I WAS CORRECTED ON THAT AS WELL WHEN I GOT BACK TO THE OFFICE.Q: SO HERE WE GO AGAIN.
MR. DUSEK: OBJECTION. ARGUMENTATIVE.
THE COURT: SUSTAINED.
MR. FELDMAN: SORRY.
BY MR. FELDMAN:Q: AT PRELIMINARY HEARING YOU WERE ASKED WHETHER OR NOT, QUOTE, HAVE YOU TAKEN ANY TESTS TO BECOME ACCREDITED EXTERNALLY FROM YOUR POLICE DEPARTMENT TRAINING IN THE AREA OF FINGERPRINT IDENTIFICATION OR ANALYSIS; AND JUST BACK IN MARCH YOU SAID, QUOTE, NO, I HAVE NOT, UNDER OATH. RIGHT?A: IF YOU WOULD LIKE TO SHOW ME THE TRANSCRIPT, I WOULD BE HAPPY TO LOOK AT THAT. I DON’T RECALL.Q: I GOT IT ON THE COMPUTER. IT’S IN BOLD FACE.
MR. FELDMAN: AND, COUNSEL, IT’S PAGE 461 OF THE PRELIMINARY HEARING, LINE 22 THROUGH 25 IN BOLD FACE.
THE WITNESS: MAY I SEE UP ABOVE?
MR. FELDMAN: SURE. YOU’RE WELCOME TO WORK THIS ANY WAY. IF YOU KNOW HOW TO DO THIS, HELP YOURSELF, SIR.
YOUR HONOR, I DON’T WANT TO LOSE MY COMPUTER. I WOULD BE HAPPY TO DO A HARD COPY PRINT OF THIS.
THE COURT: I WAS JUST TRYING TO ASSIST YOU BY ALLOWING YOU TO USE THE COURT’S COPY.
MR. FELDMAN: THANK YOU VERY MUCH, YOUR HONOR.
THE WITNESS: YOU WERE ASKING ME ABOUT EXTERNAL VERSUS INTERNAL.
BY MR. FELDMAN:Q: NO. I’M SPECIFICALLY ASKING YOU THE QUESTION, SIR, HAVE YOU TAKEN ANY TEST TO BECOME ACCREDITED EXTERNALLY FROM YOUR POLICE DEPARTMENT TRAINING IN THE AREA OF FINGERPRINT IDENTIFICATION OR ANALYSIS. AND YOUR ANSWER: NO, I HAVE NOT.A: THAT WAS MY ANSWER, YES.Q: MR. GRAHAM, YOU MADE REFERENCE I THINK IN RESPONSE TO ONE OF MR. DUSEK’S QUESTIONS, SIR, CONCERNING THE EXISTENCE OF ADDITIONAL KNOWNS.
YOU’RE NOT GOING TO NEED THE TRANSCRIPT AT THIS POINT. I’M SORRY. I MAY COME BACK AT YOU, BUT I DON’T THINK SO.
MR. FELDMAN: THANK YOU, YOUR HONOR.
BY MR. FELDMAN:Q: MR. DUSEK ASKED YOU QUESTIONS CONCERNING THE EXISTENCE OF ADDITIONAL LATENT FINGERPRINT CARDS THAT WERE CONTAINED WITHIN THE SAME ENVELOPE AS THE DANIELLE VAN DAM LATENT CARD. IS THAT RIGHT, SIR?A: YOU ARE REFERRING TO EXHIBIT Q9?Q: YES, SIR.A: YES, HE DID.Q: AND YOU MENTIONED THE NAME I THINK JENNIFER L. YEAH. I THINK. DANIELLE L. AND JENNIFER, EITHER L. OR S., IS THAT RIGHT?A: YES. YES.Q: AND YOU TOLD US I THINK THAT YOU IDENTIFIED ONE OF THE FINGERPRINTS AS BEING — SIR, I WOULD LIKE TO DIRECT YOUR ATTENTION TO 114. OKAY. THIS ONE YOU MARKED ON. AND I KNOW THAT YOU HAVE CIRCLED THE AREA WHERE YOU IDENTIFIED A FINGERPRINT. BUT I WANT TO CALL YOUR ATTENTION, SIR, TO THE WINDOW AREA WHICH IS RIGHT APPARENTLY NEXT TO THE CABINET.
YOU TOLD US THAT ONE OF THE FINGERPRINTS YOU WERE ABLE TO IDENTIFY CAME FROM THE WINDOW, IS THAT RIGHT, SIR?A: YES, THAT’S CORRECT.Q: DO YOU RECALL WHAT PART OF THE WINDOW OR ARE YOU DEPENDENT OR IS YOUR IDENTIFICATION DEPENDENT UPON THE LIFT TAKER’S IDENTIFICATION? DO YOU KNOW WHAT I MEAN?A: I DEPEND ON THE LIFT TAKER’S DOCUMENTATION, NOT THEIR IDENTIFICATION.Q: NOT THEIR CONCLUSIONS.A: YES.Q: BUT THEIR IDENTIFICATION, IS THAT RIGHT?A: AS FAR AS WHAT THEY DOCUMENT AS TO LOCATION OF THAT PRINT, YES, I RELY ON WHAT’S ON THE COVER.Q: SO WHAT YOU WERE TOLD WAS THERE WERE TWO SEPARATE LATENTS THAT CAME FROM APPARENTLY A WINDOW OR WINDOWS FROM WITHIN THE MOTOR HOME, IS THAT RIGHT, SIR?A: TWO DIFFERENT LATENTS, ONE ON THE DRIVER’S SIDE OF THE MOTOR HOME, ONE ON THE PASSENGER SIDE OF THE MOTOR HOME.Q: AND THE LATENT THAT APPEARS IN 115 IS ON THE DRIVER’S SIDE, IS THAT CORRECT?A: YES.Q: DO YOU KNOW HOW LONG IT HAD BEEN SINCE JENNIFER OR DANIELLE L. HAD BEEN IN THE MOTOR HOME?
MR. DUSEK: OBJECTION. SPECULATION.
THE COURT: NO.
YOU CAN ANSWER THAT YES OR NO.
THE WITNESS: NOT DIRECTLY.
THE COURT: ALL RIGHT. THANK YOU.
BY MR. FELDMAN:Q: YOU TOLD US THAT ENVIRONMENT HAD SOMETHING TO DO WITH THE ISSUE OF STAYING POWER OF FINGERPRINTS. YOU’RE NOT IN A POSITION TO TELL US HOW LONG ANY PARTICULAR FINGERPRINT COULD HAVE REMAINED IN THAT MOTOR HOME, ARE YOU?A: NO, I’M NOT.Q: YOU CAN’T REALLY TELL US HOW IT GOT THERE, CAN YOU?A: DO YOU WANT ME TO TELL YOU HOW THE PRINT GOT THERE?Q: YOU DISCUSSED THE ORIENTATION AND YOU DISCUSSED YOUR THEORY AS TO THAT, BUT YOU WEREN’T THERE AND DIDN’T SEE IT, RIGHT; YOU ARE JUST DRAWING INFERENCES AS BEST YOU CAN?A: THE PRINT HAS BEEN IDENTIFIED AS DANIELLE VAN DAM’S, WHICH MEANS SHE TOUCHED THAT CABINET.Q: UNDERSTOOD. I UNDERSTAND WHAT YOU ARE TELLING ME.
YOU CAN’T TELL ME WHEN SHE TOUCHED IT, CAN YOU?A: NO, I CAN’T.Q: YOU CAN’T TELL ME EXACTLY HOW SHE TOUCHED IT, CAN YOU?A: UNDER WHAT CIRCUMSTANCES OR ORIENTATION OF THE HAND?Q: YES. YOU TOLD US ORIENTATION. UNDER WHAT CIRCUMSTANCES?A: NO, I CAN’T.Q: THEN YOU DISCUSSED CIRCUMSTANCES CONCERNING — ACTUALLY I THINK I’M A LITTLE OUT OF SEQUENCE. I’M SORRY, SIR.
MR. DUSEK ASKED YOU QUESTIONS CONCERNING YOUR DEFINITION OF A USABLE FINGERPRINT. DO YOU RECALL THAT?A: YES, I DO.Q: YOU, IF I UNDERSTOOD YOU CORRECTLY, SIR, YOU TOLD US THAT A USABLE FINGERPRINT IS ONE THAT — FROM WHICH YOU CAN MAKE AN IDENTIFICATION. IS THAT CORRECT?A: YES.Q: THERE ARE CIRCUMSTANCES, THOUGH, IN HUMAN HANDS WHERE YOU, THE EXAMINER, CAN IDENTIFY SOMETHING CALLED A WHORL, IS THAT RIGHT?A: THAT’S CORRECT, YES.Q: SOMETHING CALLED A LOOP, IS THAT RIGHT?A: YES.Q: AND I THINK MR. DUSEK USED ANOTHER WORD, AND I’VE JUST FORGOTTEN IT. IS THERE ANOTHER —A: ARCH.Q: ARCH.
SIR, WITH REGARD TO WHORLS, IS IT THE CASE THAT IN AMONG HUMANITY SOME PEOPLE HAVE WHORLS AND SOME PEOPLE DON’T?A: YES.Q: IS IT THE CASE IN HUMANITY THAT SOME PEOPLE HAVE LOOPS AND SOME DON’T?A: YES.Q: YES.
DOES EVERYBODY HAVE AN ARCH?A: NO.Q: IS IT, THEREFORE, THE CASE THAT ABSENCE OF A WHORL WOULD CONSTITUTE AN EXCLUSION FOR IDENTIFICATION PURPOSES?A: THERE ARE PRINTS — I THINK I KNOW WHAT YOU ARE GETTING AT. THERE ARE PRINTS WHERE WE CAN DETERMINE THE PATTERN TYPE. BUT AS FAR AS THE RIDGE DETAIL, AT THE OTHER TWO LEVELS, IT’S VERY CLOUDY, VERY MURKY. NOT CLEAR. SO WE CAN USE THOSE PRINTS, WHEN IT’S A WHORL, AND THE PERSON I’M LOOKING AT HAS ONLY LOOPS, I CAN EXCLUDE THAT PERSON AS A SOURCE OF THAT PRINT.Q: I’M SORRY. YOU SAID YOU THOUGHT YOU KNEW WHERE I WAS GOING. I WOULD LIKE YOU TO TELL ME WHERE I WAS GOING.
MR. DUSEK: OBJECTION. ARGUMENTATIVE.
THE COURT: SUSTAINED.
NEXT QUESTION.
BY MR. FELDMAN:Q: SO IS IT THE CASE THAT IF DAVID WESTERFIELD HAD A WHORL AND YOU LOOKED AT A KNOWN LATENT THAT DID NOT HAVE A WHORL, THAT WOULD CONSTITUTE AN EXCLUSION?A: YES, IT WOULD.Q: IN THE SEQUENCE OF EVALUATIONS, SIR, THAT YOU DID AT THE VAN DAM RESIDENCE, YOU LABELED A SERIES OF LATENT PRINT CARDS AS Q1 THROUGH Q14, OR Q1, THERE WAS A SERIES OF Q1’S, IS THAT RIGHT, SIR?A: YES.Q: AND OF THE Q1 SERIES, THERE WERE FOURTEEN PRINTS, IS THAT RIGHT?A: YES.Q: CAN YOU PLEASE TELL THE JURY WHERE WAS Q1.A: MAY I?
THE COURT: SURE.
BY MR. FELDMAN:Q: SIR, PLEASE, IF YOU NEED TO LOOK AT YOUR NOTES, JUST LET US KNOW.A: Q1, BEDROOM DOORJAMB INSIDE BEDROOM ON LATCH SIDE OF FRAME ABOVE LATCH HOLE. THAT’S THE VICTIM’S BEDROOM.
MR. FELDMAN: YOUR HONOR, I’M GOING TO PUT SOMETHING UP ON THE BOARD. I JUST WAS CHECKING.
MR. FELDMAN: WE’RE GETTING BETTER AT THIS. I WON’T CLUNK YOU. AT LEAST I’LL DO MY BEST.
BY MR. FELDMAN:Q: I WOULD LIKE TO DIRECT YOUR ATTENTION, SIR, TO — YOU CAN USE THE POINTER, WHATEVER. WHATEVER YOU’RE COMFORTABLE WITH. BUT I’M NOT TALL ENOUGH TO REACH.
DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY MARKED 23. A, B, C, AND D, AND E SHOW DOORS. AND I THINK YOU JUST TOLD US Q1 RELATED TO A DOOR.A: YEAH. THE VICTIM’S BEDROOM DOORJAMB. INSIDE BEDROOM ON LATCH SIDE OF FRAME ABOVE LATCH HOLE.Q: DIRECTING YOUR ATTENTION TO E, DO YOU SEE ANYTHING THAT COULD BE CONSTRUED AS A DOOR, DOORJAMB?A: IN PHOTOGRAPH E.Q: OR, YOU KNOW, FRANKLY, SIR, ANY PLACE. I WANT YOU TO LOOK WHEREVER.A: MAYBE IN C.Q: ALL RIGHT.A: (THE WITNESS POINTED.)Q: ALL RIGHT.
SO YOU’VE INDICATED AN AREA IN C, IS THAT RIGHT? AND I NEED TO DESCRIBE FOR THE RECORD WHERE YOU POINTED.A: I’M ACTUALLY LOOKING AT THE WOOD, THE FRAME OF THE DOOR.Q: OKAY.
I’VE GOT MY POINTER AT WHAT APPEARS TO BE WHAT I CALL THE DOORJAMB IN 23-C. IS THAT AN ACCURATE STATEMENT, SIR?A: YES.Q: AND IS THAT THE AREA YOU WERE LOOKING FOR A FINGERPRINT, FOR FINGERPRINTS?A: THIS IS A PRINT THAT WAS SUBMITTED BY DORIE SAVAGE, SO BASED ON WHAT SHE’S WRITTEN, I ASSUME THAT THAT’S THE LOCATION.Q: ALL RIGHT.
AND THAT WOULD BE YOUR Q1.A: THAT’S Q1-1, YES.Q: AND IN YOUR VIEW Q1 DIDN’T HAVE ANY VALUE.A: YES, SIR.Q: WHERE WAS Q8? I’M SORRY. Q1, 8 OF 14.A: BOTTOM OF STAIRS ON OUTER EDGE OF HANDRAIL ABOVE FIRST BALL. WITHIN PARENTHESES, CLOSEST TO FRONT DOOR.Q: DIRECTING YOUR ATTENTION TO WHAT’S BEEN MARKED 19, SIR. BEFORE YOU GOT HERE I THINK WE HAD SOMEBODY CIRCLE ON 19, PHOTOGRAPH A. I DON’T KNOW IF YOU CAN — I DON’T KNOW HOW WELL YOU CAN SEE IT.A: YES. I CAN SEE IT. AN ORANGE CIRCLE.Q: SIR, IS THAT YOUR Q1, 8 OF 14?A: IT LOOKS LIKE IT COULD BE, YES.Q: AND THAT’S A POSSIBLE PALM, ISN’T THAT RIGHT?A: LOOKING AT MY NOTES, THREE PRINTS IN ONE, POSSIBLE PALM, YES.Q: IS THERE A WHORL?A: I COULD PULL IT OUT AND LOOK AT IT. I DON’T RECALL A WHORL, NO.Q: YOU CAN EXCLUDE DAVID WESTERFIELD AS THE MAKER OF THAT PRINT, THOUGH, CAN’T YOU?A: I EXCLUDED HIM BASED ON THE SIZE.Q: ALL RIGHT.
Q1, 10 OF 14, WHERE IS THAT, SIR?A: TEN IS THE ONE WE WERE SPEAKING ABOUT EARLIER. THE THIRD SEGMENT OF WOOD ON THE HANDRAIL NEAR THE TOP.Q: I’M SORRY. ON THE UP PART, IS THAT RIGHT?A: YES.Q: THAT WAS YOUR VIEW A RIGHT PALM, IS THAT CORRECT?A: THAT’S CORRECT, YES.Q: NEGATIVE DAVID WESTERFIELD, CORRECT?A: NEGATIVE DAVID WESTERFIELD.Q: IN OTHER WORDS, WESTERFIELD IS EXCLUDED AS THE MAKER OF THAT PRINT.A: YES, HE IS.Q: SO YOU HAVE TWO IDENTIFIABLE, AT LEAST TWO IDENTIFIABLE LATENTS ON THE HANDRAILING, IS THAT CORRECT?A: WE’RE DOWN TO THE ONE.Q: OKAY.A: THE ONE YOU JUST TALKED ABOUT HERE ON THE LOWER SECTION OF THE HANDRAIL.Q: YES.A: I’VE GOTTEN IN MY NOTES L.U., LACKS UNIQUENESS. I WAS ABLE TO EXCLUDE WITH IT, BUT I WASN’T ABLE TO IDENTIFY IT.Q: SO WE KNOW WESTERFIELD DIDN’T MAKE THAT ONE.A: YES.Q: SO THERE’S ONE LATENT THAT BELONGS TO SOMEBODY THAT WASN’T KEITH STONE, WASN’T BRENDA VAN DAM, WASN’T DAMON VAN DAM, WASN’T BARBARA EASTON, WASN’T DENISE KEMAL, WASN’T KEITH STONE, WASN’T RICHARD BRADY, IS THAT CORRECT?A: THAT’S CORRECT.Q: FOR THAT MATTER YOU WERE CAREFUL ENOUGH, AND I’LL SAY TENACIOUS ENOUGH, TO CAUSE LAW ENFORCEMENT OFFICERS WHO WERE IN THE RESIDENCE TO GIVE YOU THEIR KNOWN PRINTS, IS THAT RIGHT?A: THAT’S RIGHT. YES.Q: BECAUSE YOU WANTED TO BE CERTAIN THAT YOU COULD IDENTIFY AS MANY PRINTS AS POSSIBLE AND EXCLUDE AS MANY AS POSSIBLE, IS THAT RIGHT?A: YES.Q: THOSE OFFICERS WHOSE PRINTS YOU GOT ALSO ARE NOT THE MAKERS OF THE UNKNOWN PRINT, CORRECT?A: THAT’S CORRECT, YES.Q: AND THE UNKNOWN PRINT, I’M SORRY, PLEASE, AT THE TOP.A: SOMEWHERE HERE, ABOVE THERE.Q: SIR, YOU ALSO HAD A SERIES OF PRINTS THAT YOU LABELED AS Q3, IS THAT RIGHT?A: YES.Q: PLEASE TELL US WHAT’S Q3.A: Q3 IS THE THIRD ENVELOPE THAT I RECEIVED ON THIS CASE, ALSO FROM THE VAN DAM RESIDENCE. TOTAL OF EIGHTEEN FINGERPRINT CARDS.Q: AND WHERE FROM THE VAN DAM RESIDENCE, IF YOU RECALL, WERE THEY, WERE THESE PRINTS IDENTIFIED OR PURPORTED TO COME FROM?A: SIDE DOOR INSIDE.Q: SIR, DIRECTING YOUR ATTENTION TO WHAT’S BEEN PREVIOUSLY MARKED 18, AND SPECIFICALLY DIRECTING YOUR ATTENTION TO G AND TO A. I JUST DON’T KNOW, SIR, FROM WHAT YOU CAN TELL US, IS THIS THE SIDE DOOR TO WHICH YOU’RE MAKING REFERENCE?A: I’M NOT CERTAIN. I THINK THE SIDE DOOR IS HERE IN G. THIS IS THE DOOR THAT IS ON THE SIDE OF THE HOUSE. THERE’S ANOTHER DOOR THAT APPEARS IN THIS EXHIBIT, AND THAT’S THE DOOR BETWEEN THE GARAGE AND THE HOUSE.Q: OKAY.
SO IT’S YOUR SENSE THAT 18-G IS THE SIDE DOOR TO WHICH THE Q3 SEQUENCE APPEARS, IS THAT RIGHT?A: YES.Q: AND THEN IN THE Q3 SEQUENCE THERE WERE EIGHTEEN SEPARATE LATENTS, IS THAT CORRECT?A: ACTUALLY I’VE JUST GOTTEN GOING. OUTSIDE SCREEN DOOR FRAME. PATIO GLASS SLIDING DOOR.Q: I’M SORRY. YOU SAY YOU HAD JUST GOTTEN GOING?A: YOU ASKED ME WHERE THE PRINTS CAME FROM.Q: YES.A: SIDE DOOR WAS THE FIRST.Q: ALL RIGHT. I’M SORRY.A: OUTSIDE SCREEN DOOR FRAME. PATIO GLASS SLIDING DOOR FRAME. THAT’S IT.
THE COURT: COUNSEL, I THINK WE WILL GO AHEAD AND TAKE THE AFTERNOON BREAK.
LADIES AND GENTLEMEN, PLEASE REMEMBER THE ADMONITION OF THE COURT NOT TO DISCUSS ANY OF THE EVIDENCE OR TESTIMONY AMONG YOURSELVES OR WITH OTHERS, NOR FORM OR EXPRESS ANY OPINIONS ON THE CASE UNTIL IT IS SUBMITTED TO YOU FOR DECISION.
PLEASE BE OUTSIDE THE DOOR AT 3:15, AT QUARTER AFTER 3:00, PLEASE.
(RECESS, 3:00 O’CLOCK, P.M., TO 3:15 O’CLOCK, P.M.)
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